Opinion
Case No. 4D02-1078
Opinion filed September 10, 2003
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; James I. Cohn, Judge; L.T. Case No. 01-10620 CF10A.
Carey Haughwout, Public Defender, and Alan T. Lipson, Assistant Public Defender, West Palm Beach, for appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.
Robert Wilson appeals his attempted armed robbery and armed robbery convictions. We affirm the convictions. With respect to Wilson's sentence for count I, however, the State has conceded that the trial court lacked jurisdiction to rule on the 3.800(b)(2) motion more than sixty days after such motion was filed absent the timely filing of a motion for extension of time. See Edmond v. State, 832 So.2d 782 (Fla. 4th DCA 2002); Jackson v. State, 793 So.2d 117 (Fla. 2d DCA 2001). We, therefore, reverse the sentence imposed for count I and remand for the entry of a new sentencing order.
AFFIRMED in part, REVERSED in part and REMANDED.
WARNER, POLEN and STEVENSON, JJ., concur.
NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.