Rumlin v. State ( 2016 )

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
JASON CHAD RUMLIN, )
)
Appellant, )
)
v. ) Case No. 2D15-457
)
STATE OF FLORIDA, )
)
Appellee. )
___________________________________ )
Opinion filed August 5, 2016.
Appeal from the Circuit Court for
Hillsborough County; Kimberly K.
Fernandez, Judge.
Howard L. Dimmig, II, Public Defender,
and Carol J. Y. Wilson, Assistant Public
Defender, Bartow, for Appellant.
Jason Chad Rumlin, pro se.
Pamela Jo Bondi, Attorney General,
Tallahassee, for Appellee.
SILBERMAN, Judge.
Jason Chad Rumlin seeks review of his judgments and sentences in two
separate cases for two counts of delivery of a controlled substance within 1000 feet of a
place of worship and one count of possession of a controlled substance. Rumlin
entered open pleas to the charges, and the court imposed concurrent sentences of
44.25 months in prison. Counsel filed a brief pursuant to Anders v. California, 386 U.S.
738 (1967), and Rumlin filed a pro se brief. We affirm because the record does not
reflect reversible error.
We note that Rumlin filed a pro se motion to correct sentencing error while
this appeal was pending pursuant to Florida Rule of Criminal Procedure 3.800(b)(2).
However, this motion was untimely because it was served after Rumlin served his pro
se brief. See id. Our record reflects that the trial court has not entered a written order
on the motion. However, we note that any such order would be a nullity because of the
untimeliness of the motion. See State v. Hodges, 151 So. 3d 531, 534 (Fla. 3d DCA
2014). We express no opinion on the merits of Rumlin's rule 3.800(b)(2) motion and
affirm without prejudice to any right he may have to file a motion for postconviction
relief.
Affirmed.
CRENSHAW and BADALAMENTI, JJ., Concur.
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