Acevedo v. State

ON MOTION TO DISMISS

This matter is before the court on the state’s motion to dismiss, which we deny. The state urges that by failing to assert below the lower court’s failure to file written reasons for departure in a Rule 3.800(b) motion, this court is deprived of jurisdiction. The failure to file a Rule 3.800(b) motion to correct sentence is not fatal to jurisdiction in a case such as this involving a (potential) post-sentencing omission of the lower court. The supreme court devised Rule 3.800(b) as a vehicle to raise sentencing errors not otherwise raised at sentencing. The appellant…