Morris 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 ROBERT LEE MORRIS, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ________________________________ ) Case No. 2D03-5247 Opinion filed November 16, 2005. Appeal from the Circuit Court for Pasco County; Daniel D. Diskey and Stanley R. Mills, Judges. James Marion Moorman, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and C. Suzanne Bechard, Assistant Attorney General, Tampa, for Appellee. STRINGER, Judge. Robert Lee Morris seeks review of his judgment and sentence for lewd and lascivious molestation. We affirm his conviction without comment but reverse and remand for the trial court to enter an amended judgment and sentence in accordance with its timely ruling on Morris' motion to correct sentencing error, which was filed pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). See Diaz v. State, 901 So. 2d 310, 311 (Fla. 2d DCA 2005); Weinheimer v. State, 829 So. 2d 338, 338 (Fla. 2d DCA 2002). Affirmed in part; reversed in part; and remanded. WHATLEY and SALCINES, JJ., Concur. --1-2

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