NORBERTO IGLESIAS, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT

Fla. 3d DCA | 2011-12-21
No. 3D11-2989
Before SALTER, EMAS and FERNANDEZ, JJ.
76 So. 3d 370 Florida District Court of Appeal, Third District (2011) Positive Treatment
Cited by 8 cases
Topics
Jurisdiction To Modify Sentence Motion To Mitigate Sentence Timeliness Of Motion

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Opinion of the Court
EMAS, J.

*371EMAS, 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 sentence.

On August 13, 2008, the trial court sentenced Iglesias in two different cases. No appeal was taken from the judgment or sentence imposed in either case. Iglesias’ motion to mitigate was filed on May 20, 2011, more than two and one-half years after his judgments and sentences became final. The trial court properly dismissed the motion as untimely. See Schlabach v. State, 37 So.3d 230, 239 (Fla.2010) (holding “a trial court does not lose jurisdiction to modify a sentence when the motion is filed within the sixty-day time period as long as the trial court rules on the motion within a reasonable time”) (emphasis added).

Petition denied.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Hernandez v. State, 109 So. 3d 865 (Fla. 3d DCA 2013)
    …Procedure 3.800(c). As an order denying a motion to reduce or mitigate a sentence is not appealable, see, e.g., Diaz v. State, 931 So. 2d 1002, 1004 (Fla. 3d DCA 2006), we treat the appeal as a petition for writ of certiorari, see Iglesias v. State, 76 So. 3d 370 (Fla. 3d DCA 2011), and deny the petition. Rule 3.800(c) allows for a reduction or modification of “a legal sentence imposed by [the court] within 60 days after the imposition....” Fla. R.Crim. P. 3.800(c). Hernandez was sentenced on January 10,…
  • Montesino v. State, 231 So. 3d 514 (Fla. 3d DCA 2017)
    …urt’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 “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 th…
  • Jammie L. Taylor v. State, 126 So. 3d 310 (Fla. 3d DCA 2013)
    …motion to mitigate a sentence is not appealable, see e.g., Smith v. State, 902 So. 2d 293 (Fla. 3d DCA 2005), the appeal of an order dismissing or denying the motion as untimely may be treated as a petition for writ of certiorari. Iglesias v. State, 76 So. 3d 370 (Fla. 3d DCA 2011). We do so here and, having reviewed the record, conclude the trial court correctly determined the motion was untimely. Petition dismissed.…

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