JOHN MARESE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
JOHN MARESE, PETITIONER,
STATE OF FLORIDA, RESPONDENT
906 So. 2d 331
Florida District Court of Appeal, Fourth District (2005)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Petitioner seeks certiorari review of an order denying his rule 3.800(c) motion to mitigate sentence. The trial court concluded it did not have jurisdiction because the hearing date was scheduled beyond the sixty day time limit. We conclude petitioner has adequately shown that he is not responsible for the hearing having been set beyond the sixty day limit, and grant the petition. The fifth district granted a petition under similar circumstances. Timmer v. State, 840 So. 2d 1160 (Fla. 5th DCA 2003). See also Abreu v. State, 660 So. 2d 703 (Fla.1995). We remand for the trial court to rule on the motion to mitigate.
POLEN, KLEIN and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Schlabach v. State, 37 So. 3d 230 (Fla. 2010)…Rules of Criminal Procedure. Such a finding would deal an injustice to those who properly comply with the terms of the Rules, but are thwarted in obtaining relief due to circumstances beyond their control. Id. at 1036-37; see also Marese v. State, 906 So. 2d 331, 331 (Fla. 4th DCA 2005) (holding that the trial court erred in determining that it did not have jurisdiction to rule on a motion to modify sentence where the defendant showed he was not responsible for the fact that the hearing was set beyond the s…
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Griffin v. State, 979 So. 2d 1253 (Fla. 4th DCA 2008)…to rule on her motion. Appellate courts may exercise their certiorari jurisdiction to review cases in which the reason for the denial of a rule 3.800(c) motion was lack of jurisdiction, 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 tim…
Authorities Cited
- Bruno Abreu v. State, 660 So. 2d 703 (Fla. 1995)
- Timmer v. State, 840 So. 2d 1160 (Fla. 5th DCA 2003)