PAUL M. MCSWAIN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 1st DCA | 2002-07-23
No. 1D02-0542
BROWNING, LEWIS and POLSTON, JJ. concur.
824 So. 2d 225 Florida District Court of Appeal, First District (2002) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant filed a motion in the trial court pursuant to Florida Rule of Criminal Procedure 3.800(c). The trial court denied the motion as untimely. We treat the appellant’s notice of appeal as a petition for certiorari and deny the petition. See Davis v. State, 745 So. 2d 499 (Fla. 1st DCA 1999).

BROWNING, LEWIS and POLSTON, JJ. concur.


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    …(Altenbernd, J., concurring with opinion), and affirm the sentences because the sentences actually imposed could have been imposed under a corrected scoresheet (without a departure). See Heggs v. State, 759 So. 2d 620, 627 (Fla.2000); Sain v. State, 824 So. 2d 225 (Fla. 1st DCA 2002). Appellant’s convictions and sentences are AFFIRMED. BARFIELD, WEBSTER and BROWNING, JJ. concur.…

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