Miran v. State
2010 Fla. App. LEXIS 16338
| Fla. Dist. Ct. App. | 2010Background
- Miran was convicted of second-degree grand theft; adjudication withheld, 15 years' probation, and $30,000 restitution were imposed.
- Probation was revoked in 2007 for leaving the state without permission, resulting in an adjudication of guilt and a five-year prison sentence.
- On appeal (2009), the Second District reversed the revocation, implying reinstatement of the original withhold of adjudication and probation with restitution.
- On remand, the trial court reinstated probation but did not set aside the adjudication of guilt as directed by the mandate.
- Miran later filed a Rule 3.800(b)(2) motion (Oct 2009) seeking correction of sentencing, arguing the mandate required reinstatement of the withhold and setting aside the adjudication.
- The trial court granted the motion orally (Jan 8, 2010) but failed to timely convert it to a written order/amended judgment; the court later entered a written order (Feb 10, 2010) and an amended judgment (Mar 1, 2010) after the court’s extended jurisdiction had expired.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the amended judgment was void for lack of jurisdiction | Miran | State | Amended judgment nullity; must be stricken for entry after jurisdiction expired. |
| Whether the mandate required reinstating the withhold of adjudication and setting aside adjudication | Miran | State | Mandate directs reinstatement of withhold and restoration of original probation; adjudication must be set aside. |
| Whether extending jurisdiction to rule on the 3.800(b)(2) motion was proper | Miran | State | Extension proper; however, entry must occur within extended period. |
| Whether the out-of-time written order/amended judgment validly memorialized the oral ruling | Miran | State | Out-of-time entry is nullity; must be struck. |
Key Cases Cited
- Mapp v. State, 18 So.3d 33 (Fla. 2d DCA 2009) (out-of-time order purporting to rule on a 3.800(b)(2) motion is a nullity)
- Whitmore v. State, 910 So.2d 308 (Fla. 2d DCA 2005) (nullity when order granted relief after permissible period)
- Henry v. State, 42 So.3d 317 (Fla. 2d DCA 2010) (written order memorializing timely oral ruling may be proper)
- Davis v. State, 887 So.2d 1286 (Fla.2004) (trial court jurisdiction and timing considerations on extension)
- McGuire v. State, 779 So.2d 571 (Fla. 2d DCA 2001) (extension of time for ruling on motion within discretion)
- Smith v. State, 870 So.2d 61 (Fla. 2d DCA 2003) (recognizes ministerial nature of memorializing oral rulings)
- Windisch v. State, 709 So.2d 606 (Fla. 2d DCA 1998) (motion proceedings and timing considerations on remand)