Florida District Courts of Appeal, 2004

Brooks v. State

Brooks v. State
Florida District Courts of Appeal · Decided March 24, 2004 · Gross, Stevénson, Warner
867 So. 2d 1276; 2004 Fla. App. LEXIS 3760; 2004 WL 574440 (Southern Reporter, Second Series)

Brooks v. State

Opinion of the Court

PER CURIAM.

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 resentenc-ing in accordance with this opinion.

WARNER, STEVÉNSON and GROSS, Jj., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.