Felton v. State

Defendant entered a no contest plea in two separate cases charging robbery with a deadly weapon while wearing a mask and attempted robbery with a deadly weapon. He was duly sentenced and filed a timely rule 3.800(b)(2) motion to correct sentencing errors. Because the trial judge entered no ruling on his motion within the time prescribed by rule 3.800(b)(1)(B), the motion is deemed denied. He appeals.

We accept the State’s concession of error as to the first issue. We agree that the 10-year minimum mandatory provision on the robbery charge in the second ease (number 2002-2571 CF) was not…