MARK A. SHANNON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court held that certiorari review is appropriate when a motion to reduce a sentence is denied as untimely, even though such orders are generally not appealable.
Petitioner filed a motion to reduce his sentence under rule 3.800(c). The trial court denied the motion as untimely. The state conceded the motion was…
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WARNER, C.J.
Petitioner seeks certiorari review of the trial court’s order denying his motion to reduce or modify his sentence pursuant to Florida Rule of Criminal Procedure 3.800(c). The trial court denied the motion as untimely. The state concedes that the court erred in denying the motion.
A trial court’s order denying a motion brought under rule 3.800(c) is generally not appealable. See Lusskin v. State, 717 So. 2d 1076, 1077 (Fla. 4th DCA 1998). However, we may exercise our certiorari jurisdiction to review a case where the motion was denied for lack of jurisdiction based upon the motion’s untimeliness. See Brown v. State, 707 So. 2d 1191, 1192 (Fla. 2d DCA 1998); Roauer v. State, 697 So. 2d 1303, 1304 (Fla. 2d DCA 1997).
In the instant case the state concedes that the motion was timely, as it was filed within sixty days of denial of certiorari to petitioner’s original direct appeal by the United States Supreme Court. See Fla. R.Crim. P. 3.800(c)(a motion to reduce may be filed “if further appellate review is sought in a higher court or in successively higher courts, then within 60 days after the highest state or federal court ... in which a petition for certiorari has been timely filed under authority of law, has entered an order ... denying certiorari”). See also The Florida Star v. B.J.F., 530 So. 2d 286, 288 n. 3 (Fla.1988)(“a district court decision rendered without opinion or citation constitutes a decision from the highest state court empowered to hear the cause, and appeal may be taken directly to the United States Supreme Court”).
The petition is granted and the case is remanded to the circuit court for consideration of petitioner’s motion.
STONE and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Griffin v. State, 979 So. 2d 1253 (Fla. 4th DCA 2008)…sdiction, based on the untimeliness of the motion. E.g., Marese v. State, 906 So. 2d 331 (Fla. 4th DCA 2005) (granting petition where petitioner showed that he was not responsible for setting of hearing beyond the sixty day limit); Shannon v. State, 765 So. 2d 847 (Fla. 4th DCA 2000) (granting petition where rule 3.800(c) motion was timely filed within sixty days of date of denial of certiorari by the United States Supreme Court as to petitioner’s original direct appeal); Byrd v. State, 920 So. 2d 825 (Fla. 2…
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Wynyard A. McDONALD v. State, 840 So. 2d 371 (Fla. 1st DCA 2003)…uant to rule 3.800(c) is not appealable on the merits because it is a discretionary determination made by the trial court. Jolly v. State, 803 So. 2d 846, 846 (Fla. 1st DCA 2001); Daniels v. State, 568 So. 2d 63(Fla. 1st DCA 1990); Shannon v. State, 765 So. 2d 847, 848 (Fla. 4th DCA 2000). DISMISSED. ERVIN, WOLF and VAN NORTWICK, JJ., concur.…
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Manspeaker v. State, 90 So. 3d 998 (Fla. 1st DCA 2012)…or modify a legal sentence imposed by it within sixty days after the highest state or federal court to which a petition for certiorari has been timely filed under authority of law has entered an order denying certiorari); see also Shannon v. State, 765 So. 2d 847, 848 (Fla. 4th DCA 2000) (granting the petitioner’s certiorari petition because the rule 3.800(c) motion, which was filed with the trial court within sixty days of the United States Supreme Court’s denial of the petitioner’s certiorari petition, was…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- THE Fla. Star v. B.J.F., 530 So. 2d 286 (Fla. 1988)
- Thompson v. State, 707 So. 2d 1191 (Fla. 4th DCA 1998)
- Lusskin v. State, 717 So. 2d 1076 (Fla. 4th DCA 1998)
- Roauer v. State, 697 So. 2d 1303 (Fla. 2d DCA 1997)
- Bond v. State, 717 So. 2d 1076 (Fla. 5th DCA 1998)