ROBINSON v. STATE (2024)

District Court of Appeal of Florida, First District.

Kelvin J. ROBINSON, Appellant, v. STATE of Florida, Appellee.

No. 1D2023-0428

Decided: October 16, 2024

Candice K. Brower, Regional Counsel, Gainesville, and Michael J. Titus, Charles Burden, Jr., and Samatha K. Porche, Assistant Regional Conflict Counsel, Criminal Conflict & Civil Regional Counsel, Tallahassee, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.

Kelvin J. Robinson appeals his judgment and sentence. The trial court found that Robinson had violated his probation but erroneously stated that he had admitted to the probation violations. Robinson filed a Florida Rule of Criminal Procedure 3.800(b)(2)(B) motion to correct the error but the trial court entered its order on the 68th day after the motion was filed.

We Affirm the judgment and sentence but Reverse, in part, for the trial court to correct the scrivener's error because its order correcting the mistake was untimely. See Fla. R. Crim. P. 3.800(b)(2)(B) (“The trial court shall resolve this motion in accordance with the procedures in subdivision (b)(1)(B), except that if the trial court does not file an order ruling on the motion within 60 days, the motion shall be deemed denied.” (emphasis supplied)); Ogden v. State, 117 So. 3d 479, 480 (Fla. 1st DCA 2013) (holding that an order filed outside the sixty days provided for in rule 3.800(b)(2) is a legal nullity).

Per Curiam.

B.L. Thomas, Bilbrey, and Winokur, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network