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Townley v. State

District Court of Appeal of Florida, First District
Feb 20, 2004
866 So. 2d 188 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 1D02-2890.

Opinion filed February 20, 2004.

An appeal from Circuit Court for Escambia County, Terry D. Terrell, Judge.

Nancy A. Daniels, Public Defender, and Joel Arnold, Assistant Public Defender, Tallahassee, for Appellant.

Charles J. Crist, Jr., Attorney General, and Karen M. Holland, Assistant Attorney General, Tallahassee, for Appellee.


The appellant in this direct criminal appeal filed two timely Florida Rule of Criminal Procedure 3.800(b)(2) motions by which he sought correction of various technical errors in the trial court's revocation of probation order and judgment and sentencing documents. The trial court granted the appellant's motions in all respects, but entered its order on the second motion after the expiration of the 60-day time limit set forth in the rule. Because the court lacked jurisdiction at the time, its order was a nullity. See Robinson v. State, 850 So.2d 658 (Fla. 1st DCA 2003). We therefore remand this case to the trial court for correction of the revocation order and judgment and sentencing documents. The orders under review are otherwise affirmed.

ALLEN, WEBSTER and BENTON, JJ., CONCUR.


Summaries of

Townley v. State

District Court of Appeal of Florida, First District
Feb 20, 2004
866 So. 2d 188 (Fla. Dist. Ct. App. 2004)
Case details for

Townley v. State

Case Details

Full title:GREGORY STEVEN TOWNLEY, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Feb 20, 2004

Citations

866 So. 2d 188 (Fla. Dist. Ct. App. 2004)