JOHN PHILLIP VROBEL, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
John Vrobel timely filed a notice of appeal from the denial of his Florida Rule of Criminal Procedure 3.800(c) motion to mitigate sentence. We treat the notice of appeal as if the proper remedy had been sought and exercise this court’s certiorari jurisdiction. Fla. R.App. P. 9.040(c); McCalla v. State, 814 So. 2d 1209 (Fla. 4th DCA 2002).
Vrobel filed his motion within sixty days of the trial court’s receipt of this court’s mandate following affirmance of Vrobel’s conviction and sentence on direct appeal. Vrobel v. State, 873 So. 2d 336 (Fla. 4th DCA 2004). The motion to mitigate sentence was timely. Fla. R.Crim. P. 3.800(c); Roauer v. State, 697 So. 2d 1303, 1304 (Fla. 2d DCA 1997).
Accordingly, we quash the order denying the motion as untimely and remand the case to the circuit court for consideration of the motion.
FARMER, C.J., KLEIN and MAY, JJ., concur.
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Agosto-Molina v. State, 933 So. 2d 26 (Fla. 2d DCA 2006)…ishable by up to fifteen years’ imprisonment.1 §§ 782.04(2), 777.04(4)(c), 775.082(3)(c), Fla. Stat. (2001). A combined sentence of prison and probation which exceeds the statutory maximum for an offense is an illegal sentence. See Schmidt v. State, 884 So. 2d 471, 472 (Fla. 4th DCA 2004). However, to preserve this issue for review on direct appeal, a defendant must either object or file a motion to correct sentencing error pursuant to rule 3.800(b). See Washington v. State, 814 So. 2d 1187, 1189 (Fla. 5th DC…
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Griffin v. State, 979 So. 2d 1253 (Fla. 4th DCA 2008)…lows: There is case law that holds that a Defendant receives a second opportunity to file a rule 3.800(c) motion after resen-tencing pursuant to a direct appeal. See Word [sic] v. State, 854 So. 2d 260 (Fla. 1st DCA 2003), see also Vrobel v. State, 884 So. 2d 471 (Fla. 4th DCA 2004). However, there is no rule that suggests a Defendant receive additional opportunities after each resentencing pursuant to a collateral appeal on a sentence originally pronounced on July 8,1991. (Bold emphasis added). Ward v. St…
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Stewart v. State, 990 So. 2d 658 (Fla. 4th DCA 2008)…s of this court’s mandate on direct appeal. Stewart v. State, 976 So. 2d 82 (Fla. 4th DCA 2008). Accordingly, we grant the petition and remand this case for the circuit court to consider the rule 3.800(c) motion on the merits. See Vrobel v. State, 884 So. 2d 471 (Fla. 4th DCA 2004); McCalla v. State, 814 So. 2d 1209, 1210 (Fla. 4th DCA 2002). FARMER, TAYLOR and MAY, JJ., concur.…
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- Roauer v. State, 697 So. 2d 1303 (Fla. 2d DCA 1997)
- Benard Graham v. State, 814 So. 2d 1209 (Fla. 3d DCA 2002)