Rumlin v. State

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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. ) ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________ ) Case No. 2D15-457 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. -2-

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