MARVIN BACCHUS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
Petitioner seeks certiorari review of the trial court’s denial of his motion for mitigation of sentence pursuant to Florida Rule of Criminal Procedure 3.800(c). The trial court denied the Petitioner’s motion on the mistaken belief that it no longer had jurisdiction to rule. Because the motion was filed within 60 days of the date that mandate issued in the Petitioner’s direct appeal, the motion was timely. See Fla. R.Crim. P. 3.800(c). Therefore, the trial court had jurisdiction to consider petitioner’s motion, and its failure to do so is a departure from the essential requirements of the law. Atkins v. State, 851 So. 2d 829 (Fla. 1st DCA 2003).
Accordingly, we grant the petition for writ of certiorari, vacate the order denying petitioner’s rule 3.800(c) motion for lack of jurisdiction, and remand with directions to consider petitioner’s motion on its merits.
BARFIELD, KAHN, and PADOVANO, JJ., concur.
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Schlabach v. State, 37 So. 3d 230 (Fla. 2010)…3d DCA 2008), the Third District stated that although the sixty-day period in rule 3.800(c) is a “filing-and-decision deadline,” if that cannot be accomplished, a court can “extend the deadline on the court’s own motion.” See also Bacchus v. State, 958 So. 2d 1016, 1017 (Fla. 1st DCA 2007) (holding that the trial court erred in denying a 3.800(c) motion based on lack of jurisdiction since the motion was filed within sixty days of the mandate and thus the trial court had jurisdiction to consider the motion). […
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Jones v. State, 4 So. 3d 80 (Fla. 1st DCA 2009)…PER CURIAM. Because petitioner’s motion for modification of sentence was timely filed pursuant to Florida Rule of Criminal Procedure 3.800(c), the petition for writ of certiorari is granted. Bacchus v. State, 958 So. 2d 1016 (Fla. 1st DCA 2007); see also Jolly v. State, 803 So. 2d 846 (Fla. 1st DCA 2001) (recognizing that although order denying motion to mitigate on the merits is not reviewable, appellate court may exercise its certiorari jurisdiction to review order wh…
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Collins v. State, 968 So. 2d 67 (Fla. 1st DCA 2007)…for writ of certiorari is granted and the circuit court’s order denying as untimely petitioner’s motion for reduction or modification of -sentence made pursuant to Florida Rule of Criminal Procedure 3.800(c) is hereby quashed. See Bacchus v. State, 958 So. 2d 1016 (Fla. 1st DCA 2007); Mathis v. State, 957 So. 2d 692 (Fla. 1st DCA 2007). The cause is remanded to the circuit court with directions [*68] to dispose of petitioner’s motion on the merits. PETITION GRANTED. BARFIELD, WOLF, and HAWKES, JJ., concur…
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- Terence C. Atkins v. State, 851 So. 2d 829 (Fla. 1st DCA 2003)