HENRY SULLIVAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
HENRY SULLIVAN, APPELLANT,
STATE OF FLORIDA, APPELLEE
677 So. 2d 68
Florida District Court of Appeal, First District (1996)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. A trial court has jurisdiction to grant a party’s motion for enlargement of time under Rule 3.050, Fla.R.Crim.P. in order to review a timely filed Rule 3.800(b) Fla.R.Crim.P. motion to mitigate. Moya v. State, 668 So. 2d 279 (Fla. 2d DCA 1996). See also Abreu v. State, 660 So. 2d 703 (Fla.1995).
ALLEN and MICKLE, JJ., and SHIVERS, Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Davis v. State, 745 So. 2d 499 (Fla. 1st DCA 1999)…l court entered an order granting the motion and extended the time as requested. See Fla. R. Crim P. 3.050. Appellant filed his motion on March 24, 1999. Thus, the trial court had jurisdiction to consider the motion on the merits. Sullivan v. State, 677 So. 2d 68 (Fla. 1st DCA 1996). The trial court’s failure to do so constitutes a departure from the essential requirements of law. Moya v. State, 668 So. 2d 279 (Fla. 2d DCA 1996). REVERSED and REMANDED for consideration of Appellant’s motion on the merits.…
Authorities Cited
- Moya v. State, 668 So. 2d 279 (Fla. 2d DCA 1996)
- Bruno Abreu v. State, 660 So. 2d 703 (Fla. 1995)