Opinion
No. 4D07-4027.
March 25, 2009.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Peter M. Weinstein Jeffrey R. Levenson, Judges; L.T. Case No. 01-8048 CF10A.
Carey Haughwout, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, and Salvador Osegueda, Indiantown, for appellant.
Bill McCollum, Attorney General, Tallahassee, and Katherine Y. McIntire, Assistant Attorney General, West Palm Beach, for appellee.
Salvador Osegueda was improperly sentenced pursuant to the 10-20-Life statute, as he was convicted of armed manslaughter, attempted armed manslaughter, and shooting at or into an occupied vehicle-offenses not enumerated in section 775.087(2), Florida Statutes (2006). Osegueda filed a timely rule 3.800(b)(2) motion to correct his sentence. Though the trial court granted the motion, it failed to do so within sixty days as required by the rule, so the order granting the motion is a nullity. See McGill v. State, 878 So.2d 1270, 1271 (Fla. 5th DCA 2004). We reverse and remand to permit the trial court to again enter its corrective sentence.
Reversed and Remanded.
TAYLOR and MAY, JJ., concur.