LYNETTE MANSPEAKER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court granted certiorari and quashed the trial court's order denying a Rule 3.800(c) motion for sentence reduction, holding that the motion was timely filed within sixty days of the U.S. Supreme Court's denial of certiorari, not the appellate court's mandate.
A motion for sentence reduction under Florida Rule of Criminal Procedure 3.800(c) is timely if filed within sixty days of the United States Supreme Court's denial of certiorari, not within sixty days of the appellate court's mandate.
[1] Under Florida Rule of Criminal Procedure 3.800(c), the sixty-day period for filing a motion to reduce or modify a sentence runs from the date the highest state or federal…
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Join FLexlaw to unlock all legal intelligence“a court may reduce or modify a legal sentence imposed by it within sixty days after the highest state or federal court to which a petition for certiorari has been timely filed under authority of law has entered an order denying certiorari”
Florida Rule of Criminal Procedure 3.800(c) defining the time period for filing sentence reduction motions
Lynette Manspeaker filed a motion for reduction of sentence pursuant to Florida Rule of Criminal Procedure 3.800(c) within sixty days of the U.S. Supr…
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In her petition for writ of certiorari, Petitioner, Lynette Manspeaker, challenges the trial court’s order denying her motion for reduction of sentence which she filed pursuant to Florida Rule of Criminal Procedure 3.800(c). As the State concedes, the trial court departed from the essential requirements of the law in denying Petitioner’s motion on the basis that sixty days had passed since receipt of this Court’s mandate from her direct appeal. As Petitioner contends, she timely filed her motion with the trial court within sixty days of the United States Supreme Court’s denial of her petition for writ of certiorari. See Fla. R.Crim. P. 3.800(c) (providing in part that a court may reduce or modify a legal sentence imposed by it within sixty days after the highest state or federal court to which a petition for certiorari has been timely filed under authority of law has entered an order denying certiorari); see also Shannon v. State, 765 So.2d 847, 848 (Fla. 4th DCA 2000) (granting the petitioner’s certiorari petition because the rule 3.800(c) motion, which was filed with the trial court within sixty days of the United States Supreme Court’s denial of the petitioner’s certiorari petition, was timely filed).
Accordingly, we GRANT the petition for writ of certiorari, QUASH the trial court’s order, and REMAND for consideration of the motion on the merits.
DAVIS, LEWIS, and MAKAR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Torrey v. State, 123 So. 3d 112 (Fla. 1st DCA 2013)…order dismissing the motion for modification of sentence under rule 3.800(c), Florida Rules of Criminal Procedure is QUASHED, and this matter is REMANDED for consideration of the motion on the merits. Fla. R.App. P. 9.420(a)(2); Manspeaker v. State, 90 So. 3d 998 (Fla. 1st DCA 2012). BENTON, THOMAS, and CLARK, JJ., concur.…
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Jeanna Carpenter v. State, 124 So. 3d 425 (Fla. 1st DCA 2013)…order dismissing the motion for modification of sentence under rule 3.800(c), Florida Rules of Criminal Procedure is QUASHED, and this matter is REMANDED for consideration of the motion on the merits. Fla. R.App. P. 9.420(a)(2); Manspeaker v. State, 90 So. 3d 998 (Fla. 1st DCA 2012). VAN NORTWICK, CLARK, and OSTERHAUS, JJ., concur.…
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Kleintank v. State, 211 So. 3d 1142 (Fla. 5th DCA 2017)…ash the order of the trial court denying Petitioner’s Florida Rule of Criminal Procedure 3.800(c) motion for reduction or modification of sentence. On remand, the trial court is directed to consider the motion on the merits. See Manspeaker v. State, 90 So. 3d 998, 998 (Fla. 1st DCA 2012). PETITION GRANTED. ORFINGER and BERGER, JJ., and JACOBUS, B.W., Senior Judge, concur…
Authorities Cited
- Shannon v. State, 765 So. 2d 847 (Fla. 4th DCA 2000)