Summary
finding that a trial court's failure to rule within sixty days on a motion to correct sentence under 3.800(b) operates as a denial of the motion
Summary of this case from Dabel v. StateOpinion
Case No. 4D02-4611.
Opinion filed March 24, 2004.
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County, Hubert R. Lindsey, Judge, L.T. Case No. 01-14442 CFA02.
Carey Haughwout, Public Defender, and Ellen Griffin, Assistant Public Defender, West Palm Beach, for appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Donna M. Hoffman, Assistant Attorney General, West Palm Beach, for appellee.
The appellant moved to correct his sentence pursuant to rule 3.800(b)(1), Florida Rules of Criminal Procedure, but the trial court failed to rule within sixty days as required under the rule. Thus, the motion was deemed denied. See Fla. R. Crim. P. 3.800(b)(1)(B). Although the court later granted the motion and reduced his sentence, that order is considered a nullity. See Cliatt v. State, 773 So.2d 610, 611 (Fla. 5th DCA 2000). Nevertheless, in case number 01-14442, the state concedes that appellant's sentence should have been reduced to nine months, as the trial court did in its untimely order.
Reversed and remanded for resentencing in accordance with this opinion.
WARNER, STEVENSON and GROSS, JJ., concur.
NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.