JOEL BARCELONA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Joel Barcelona appeals an order denying his motion to mitigate his sentence. We dismiss the appeal as the denial of such an order cannot be appealed. Williams v. State, 944 So. 2d 549, 550 (Fla. 3d DCA 2006). While the denial of a motion under Florida Rule of Criminal Procedure 3.800(c) may be treated as a petition for writ of certiorari if a trial court mistakenly found the motion to be untimely, see Diaz v. State, 931 So. 2d 1002,1004 (Fla. 3d DCA 2006), that did not occur here.
Rather, the trial court was correct to deny the motion as untimely. This Court issued the mandate in Barcelona’s original appeal on June 12, 2006. Pursuant to the sixty-day period of Rule 3.800(c) as measured from a defendant’s original appeal, the trial court had jurisdiction until August 11, 2006. Barcelona admits he filed his motion on September 27, 2007, well beyond the sixty-day limit. His argument that he received subsequent mandates from this Court is without merit since these later mandates stemmed from other post-conviction motions he filed and not from his original appeal. As the trial court was correct regarding the motion’s timeliness, we dismiss the appeal.
Dismissed.
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Runner O. Santana v. Henry, 12 So. 3d 843 (Fla. 1st DCA 2009)…the authorities alleged to hold the petitioner unlawfully. We are not concerned here with mere conditions of confinement, cf. Harvard v. Singletary, 733 So. 2d 1020, 1021 (Fla.1999) (alleged misassignment to close management status); Sykes v. State, 974 So. 2d 1133, 1134 (Fla. 1st DCA 2008) (al leged misassignment to particular correctional institution); Moore v. Dugger, 613 So. 2d 571, 572 (Fla. 1st DCA 1993) (alleged misclassification); Van Poyck v. Dugger, 579 So. 2d 346, 347 (Fla. 1st DCA 1991) (alleged po…
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Walker v. State (Fla. 3d DCA 2020)…mely as it was filed within sixty days of his receipt of a mandate from this court is without merit, since this mandate stemmed from a post-conviction motion he filed and not from a direct appeal following entry of his plea. See Barcelona v. State, 974 So. 2d 1133 (Fla. 3d DCA 2008). As the trial court was correct regarding the motion’s untimeliness, we deny the petition. Petition denied.1 1 We again remind the trial courts, “that the routine language in its order[s] that the defendant has the right to app…
Authorities Cited
- Diaz v. State, 931 So. 2d 1002 (Fla. 3d DCA 2006)
- Williams v. State, 944 So. 2d 549 (Fla. 3d DCA 2006)