ALYSSA CONRAD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court granted certiorari petition and quashed dismissal of Rule 3.800(c) motion as untimely, holding the motion was timely filed under the mailbox rule when placed in prison officials' hands on Monday, the first business day after the sixty-day deadline fell on Saturday.
A circuit court departs from essential requirements of law by dismissing a timely Rule 3.800(c) motion without considering its merits, and a motion is timely when placed in prison officials' hands on the next business day after a weekend deadline.
[1] A circuit court departs from essential requirements of law when it dismisses a timely Rule 3.800(c) motion without considering the merits of the motion.
[2] The mailbox rule applies to Rule 3.800(c) motions, and a motion is considered filed when entrusted to prison officials for delivery, with computational periods extending…
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Join FLexlaw to unlock all legal intelligence“The mailbox rule applies to motions filed in accordance with rule 3.800(c). Thus, a rule 3.800(c) motion is considered filed when entrusted to prison officials for further delivery or processing.”
Court explaining the application of the mailbox rule to Rule 3.800(c) motions and when such motions are deemed filed.
Alyssa Conrad filed a motion to reduce or modify her sentence under Florida Rule of Criminal Procedure 3.800(c) by placing it in the hands of prison o…
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Alyssa Conrad appeals the order dismissing her motion to reduce or modify sentence filed under Florida Rule of Criminal Procedure 3.800(c) as untimely. Because such an order is not appealable, we treat the appeal as a petition for writ of certiorari, and we grant the petition. See Bailey v. State, 136 So.3d 615, 616 (Fla. 2d DCA 2013).
The law is well settled that a circuit court departs from the essential requirements of law when it dismisses a timely rule 3.800(c) motion without considering the merits of the motion. See, e.g., id. at 616; Kwapil v. State, 44 So.3d 229, 230 (Fla. 2d DCA 2010); McPherson v. State, 139 So.3d 478, 479 (Fla. 1st DCA 2014). As the sixtieth day following the imposition of her sentence was Saturday, August 24, 2013, Conrad’s motion was timely filed when she placed it in the hands of prison officials on Monday, August 26, 2013. See Fla. R. Jud. Admin. 2.514(a)(1)(C) (providing that when the last day of a computational period is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday); Bailey, 136 So.3d at 616 (“The mailbox rule applies to motions filed in accordance with rule 3.800(c). Thus, a rule 3.800(c) motion is considered filed when entrusted to prison officials for further delivery or processing.” (citations omitted)).
Therefore, we grant the petition, quash the circuit court order dismissing her motion as untimely, and remand for the court to consider Conrad’s motion on its merits.
Petition granted; order quashed; remanded.
MORRIS and SLEET, JJ., Concur.
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Citator
Authorities Cited
- Kwapil v. State, 44 So. 3d 229 (Fla. 2d DCA 2010)
- Giannetta Bailey v. State, 136 So. 3d 615 (Fla. 2d DCA 2013)
- McPHERSON v. State, 139 So. 3d 478 (Fla. 1st DCA 2014)