KEITH DIXON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2001-12-28
No. 2D01-4980
COVINGTON, J., and THREADGILL, EDWARD F., Senior Judge, Concur.
805 So. 2d 1033 Florida District Court of Appeal, Second District (2001) Positive Treatment
Cited by 1 case
Topics
Florida Rule Of Criminal Procedure 3.800(C) Departure From Essential Requirements Of Law Writ Of Certiorari Jurisdiction

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Opinion of the Court
WHATLEY, Acting Chief Judge.

WHATLEY, Acting Chief Judge.

Keith Rashad Dixon appeals the dismissal of his motion for reduction or modification of sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(c). We convert this appeal to a petition for writ of certiorari and grant the petition.

Dixon initially filed a direct appeal from a final judgment and sentence. The case was affirmed on June 1, 2001. Dixon v. State, 790 So. 2d 414, (Fla. 2d DCA 2001) (table). The mandate was issued on June 26, 2001. Dixon then filed a timely rule 3.800(c) motion on July 26, 2001. The trial court dismissed the 3.800(c) motion because the court mistakenly believed that the mandate had not yet been issued. Since the mandate had been issued, the trial court had jurisdiction to hear the motion, and thus, the trial court departed from the essential requirements of law by dismissing the motion. See Johnson v. State, 776 So. 2d 1026, 1026 (Fla. 1st DCA 2001).

We grant the petition for writ of certiorari and direct the trial court to rule on the merits of Dixon’s motion for reduction or modification of sentence filed pursuant to rule 3.800(c).

Petition granted.

COVINGTON, J., and THREADGILL, EDWARD F., Senior Judge, Concur.

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    …ce” program. The trial court summarily denied the motion. We affirm. The appellant failed to allege that the “Family Service” program was the “functional equivalent of jail,” which is required so that jail credit can be given. See Battle v. State, 805 So. 2d 1033 (Fla. 2d DCA 2001). Moreover, this type of claim would require an evidentiary hearing, and is not properly raised in a Rule 3.800(a) proceeding. Columbro v. State, 777 So. 2d 1208 (Fla. 5th DCA 2001). For these reasons, we affirm. WARNER, STEVENSO…

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