District Court of Appeal of Florida

The admissibility of evidence presented at a sentencing hearing to support prison releasee reoffender sentencing is not a proper subject for a motion to correct sentencing error under rule 3.800(b). A conviction for sexual battery with threat of force and the resultant mandatory sentence as a prison releasee reoffender is affirmed as to the conviction but reversed as to an amended sentence where the circuit court lacked jurisdiction to rule on the motion at issue or enter the amended sentence when it did so, and instead the original sentence is affirmed, with the exception of certain costs the court imposed.

Appellate Information

• Decided 01/05/2007
• Published 01/05/2007

Judges

• ALTENBERND, Judge.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• James Marion Moorman, Public Defender, and Brad Permar, Assistant Public Defender, Bartow, for Appellant.


• For Appellees:
  
• Bill McCollum, Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee.