BRIAN ROBERT JOHNSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2006-06-28
No. 3D06-1072
Before GREEN, RAMIREZ, and CORTIÑAS, JJ.
932 So. 2d 562 Florida District Court of Appeal, Third District (2006) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Brian Robert Johnson appeals an order 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.


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Citator

Cited By

  • Norberto Iglesias v. State, 76 So. 3d 370 (Fla. 3d DCA 2011)
    …[*371] EMAS, J. Norberto Iglesias appeals the trial court’s order dismissing as untimely his motion to mitigate sentence. We treat the appeal as a petition for writ of certiorari, Johnson v. State, 932 So. 2d 562 (Fla. 3d DCA 2006), and deny the petition. Florida Rule of Criminal Procedure 3.800(c) provides that where no direct appeal has been filed, a motion to reduce, modify or mitigate a sentence must be filed within sixty days of the imposition of the…
  • Montesino v. State, 231 So. 3d 514 (Fla. 3d DCA 2017)
    …he trial court denied the motion as untimely because it was file.d more than sixty days after the imposition of sentence. “Such an order is not reviewable by appeal but may be reviewed under this [CJourt’s certiorari jurisdiction.” Johnson v. State, 932 So. 2d 562, 562 (Fla. 3d DCA 2006) (quotation omitted; alteration in original). “We,” therefore, “treat the appeal as a petition for writ of certiorari, and deny the petition.” Iglesias v. State, 76 So. 3d 370, 371 (Fla. 3d DCA 2011) (citation omitted).1 “Flo…
  • Johnson v. State (Fla. 3d DCA 2011)
    …correct illegal sentence). (14) Johnson v. State, 923 So. 2d 1177 (Fla. 3d DCA 2006) (petition for writ of certiorari denied). (15) Johnson v. State, 928 So. 2d 352 (Fla. 3d DCA 2006) (petition for writ of mandamus denied). (16) Johnson v. State, 932 So. 2d 562 (Fla. 3d DCA 2006) (reversing summary denial of rule 3.850 motion for postconviction relief for attachment of record demonstrating appellant was not entitled to relief). (17) Johnson v. State, 937 So. 2d 672 (Fla. 3d DCA 2006) (petition for writ of…

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