Legal Opinion

Bruce v. State

District Court of Appeal of Florida

Decided November 26, 2014No. 1D13-3147Published

1Per curiam

This appeal was filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). As appellate counsel contends on appeal, Appellant’s motion to correct sentencing error filed pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), is deemed denied given that the trial court did not rule on the motion. See Fla. R. Crim. P. 3.800(b)(2)(B); Bass v. State, 122 So.3d 1002, 1003 (Fla. 1st DCA 2013) (“Sixty days after the motion [to correct sentencing error filed pursuant to rule 3.800(b)(2)] was filed, the trial court’s jurisdiction ended and the motion was deemed…

2Cases cited3 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Harrison v. StateDistrict Court of Appeal of Florida · 2014
  3. Bass v. StateDistrict Court of Appeal of Florida · 2013

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