ARTHUR E. MCCALLA, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a trial court's order denying a motion to reduce or modify a sentence pursuant to Rule 3.800(c) as untimely may be reviewed by certiorari.
Petitioner Arthur E. McCalla sought to modify his sentence, but the trial court denied his motion as untimely. The state conceded the court erred in d…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Motion To Reduce Or Modify Sentence cases and more on FLexlaw
PER CURIAM.
Arthur E. McCalla, the 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). The appellate court, however, may exercise its 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).
Accordingly, McCalla’s petition is granted and the case is remanded to the circuit court for consideration of his motion. See Shannon v. State, 765 So. 2d 847 (Fla. 4th DCA 2000).
POLEN, C.J., GUNTHER and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- 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)
- Shannon v. State, 765 So. 2d 847 (Fla. 4th DCA 2000)