Rumlin v. State

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, 87 S.Ct. 1396, 18 L.Ed.2d 493 (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.