THOMAS MARTIN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
THOMAS MARTIN, PETITIONER,
STATE OF FLORIDA, RESPONDENT
124 So. 3d 400
Florida District Court of Appeal, First District (2013)
Positive Treatment
Cited by 1 case
Opinion of the Court
As the State correctly concedes, contrary to the trial court’s order, petitioner’s motion for reduction or modification of sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(c) was timely. The State also correctly concedes that the trial court’s order constitutes a departure from the essential requirements of law, entitling petitioner to the writ of certiorari he seeks. See, e.g., Pruitt v. State, 932 So.2d 617 (Fla. 1st DCA 2006). The petition seeking a writ of certiorari is granted; the trial court’s order denying petitioner’s rule 3.800(c) motion as untimely filed is quashed; and the case is remanded for further proceedings.
PETITION FOR WRIT OF CERTIO-RARI GRANTED.
LEWIS, C.J., WOLF and MAKAR, JJ., concur.
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Schreiner v. State, 191 So. 3d 557 (Fla. 1st DCA 2016)…six months of probation. In this appeal, Appellant does not argue that his probationary term was illegal and contends only that he should have received credit for time served in prison against the probationary period. We agree. See Sprott v. State, 124 So. 3d 400, 400-01 (Fla. 1st DCA 2013) (Mem.) (holding that the appellant was entitled to credit for time served in prison on his original, erroneous prison sentence that was reversed against the probationary portion of the sentence he received on remand). Acc…
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