CARWIN PETTIS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Kwapil v. State, 44 So. 3d 229 (Fla. 2d DCA 2010)
  …time the motion was received by the court, and no motion for extension had been made. A circuit court order dismissing a rule 3.800(c) motion as untimely may be reviewed by petition for writ of certiorari in the district court. Velazquez v. State, 917 So. 2d 306, 306 (Fla. 2d DCA 2005). A circuit court departs from the essential requirements of the law when it dismisses a timely rule 3.800(c) motion without considering the merits of the motion. See, e.g., Lancaster v. State, 821 So. 2d 416, 417 (Fla. 2d DCA…
• Giannetta Bailey v. State, 136 So. 3d 615 (Fla. 2d DCA 2013)
  …urt dismissed the motion, concluding that it was filed after the sixty-day time limit imposed under rule 3.800(c). An order dismissing a rule 3.800 motion as untimely is reviewable under this court’s certiorari jurisdiction. See Velazquez v. State, 917 So. 2d 306, 306 (Fla. 2d DCA 2005). “A circuit court departs from the essential requirements of the law when it dismisses a timely rule 3.800(c) motion without considering the merits of the motion.” Kwapil v. State, 44 So. 3d 229, 230 (Fla. 2d DCA 2010). The…
• Johnson v. State, 932 So. 2d 562 (Fla. 3d DCA 2006)
  …denying his motion for mitigation of sentence filed pursuant to rule 3.800(c), Florida Rules of Criminal Procedure. “Such an order is not reviewable by appeal but may be reviewed under this [C]ourt’s certiorari jurisdiction.” See Velazquez v. State, 917 So. 2d 306 (Fla. 2d DCA 2005). We therefore treat this appeal as a petition for writ of certiorari and deny it. Petition for writ of certiorari denied.…

Authorities Cited

• Gorman Roberts, Jr. v. State, 874 So. 2d 1225 (Fla. 4th DCA 2004)