Sweeting v. State

I acknowledge both the force of the reasoning contained in Judge Baskin’s excellent opinion, and the fact that my conclusion is directly contrary to Stoddard v. State, 388 So.2d 11 (Fla. 2d DCA 1980). I would nevertheless hold that, inasmuch as the trial court acted within the time period provided by Fla.R.Crim.P. 3.800(b), it did not totally lack subject matter jurisdiction over Sweeting’s own motion to mitigate and that the defendant is consequently estopped to claim that there was any other so-called “jurisdictional” error in granting that motion. See, King v. State, 373 So.2d 78 (Fla. 3d…