946 So. 2d 622

Michael Ramon WILLIAMS, DOC # 554513, Appellant, v. STATE of Florida, Appellee.

No. 2D05-4734.

District Court of Appeal of Florida, Second District.

Jan. 10, 2007.

*623James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appel-lee.

SALCINES, Judge.

Michael Ramon Williams entered into a negotiated plea concerning several drug-related offenses in three separate cases. He appeals from the judgments and sentences imposed thereon.1 We affirm in all respects without discussion except for a single preserved sentencing error upon which we reverse.

During the pendency of this appeal, Williams filed a Florida Rule of Criminal Procedure 3.800(b)(2) motion to correct sentencing error concerning the written sentence in circuit court case number 04-CF-4028 for count two, possession of cocaine. At sentencing, the trial court orally pronounced that Williams’ sentence for that conviction was time served. The written sentence, however, reflects a sentence of 78.2 months’ imprisonment.

The trial court did not rule on the rule 3.800(b)(2) motion within sixty days, thus constructively denying it. See Saulsberry v. State, 929 So.2d 664, 664 n. 1 (Fla. 4th DCA 2006). Accordingly, we reverse the sentence as to count two in circuit court case number 04-CF-4028 and remand for the entry of an amended sentence that conforms to the oral pronouncement. See id. at 664.

Affirmed in part, reversed in part, and remanded.

ALTENBERND and CANADY, JJ., Concur.

Williams v. State
946 So. 2d 622

Case Details

Name
Williams v. State
Decision Date
Jan 10, 2007
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946 So. 2d 622

Jurisdiction
Florida

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