GREGORY KAMAL WALKER
v.
STATE
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A motion to reduce or modify a sentence under Rule 3.800(c) must be filed within 60 days after imposition of sentence or within 60 days after receipt of a mandate from an appellate court on affirmance of a direct appeal, not a post-conviction motion.
[1] A mandate issued by an appellate court following disposition of a post-conviction motion does not restart the 60-day period for filing a motion to reduce or modify a sent…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Such an order is not reviewable by appeal but may be reviewed under this court's certiorari jurisdiction.”
Regarding the proper remedy for challenging a trial court's denial of a Rule 3.800(c) motion.
Walker was sentenced on February 11, 2019, following his guilty plea. He filed a motion to reduce or modify his sentence on July 27, 2020, more than 6…
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PER CURIAM.
Gregory Kamal Walker appeals an order denying his motion to reduce or modify his sentence under Florida Rule of Criminal Procedure 3.800(c). The trial court denied the motion as untimely because it was filed more than sixty days after the imposition of sentence. “Such an order is not reviewable by appeal but may be reviewed under this court’s certiorari jurisdiction.” Montesino v. State, 231 So. 3d
514, 515 (Fla. 3d DCA 2017) (quoting Johnson v. State, 932 So. 2d 562, 562 (Fla.
3d DCA 2006)). We therefore treat the appeal as a petition for writ of certiorari and deny the petition.
Rule 3.800(c) provides in pertinent part:
A court may reduce or modify to include any of the provisions of chapter 948, Florida Statutes, a legal sentence imposed by it, sua sponte, or upon motion filed, within 60 days after the imposition, or within 60 days after receipt by the court of a mandate issued by the appellate court on affirmance of the judgment and/or sentence on an original appeal . . . .
Walker provided his motion to corrections authorities for mailing on July 27, 2020,
well beyond the sixty-day limit after his guilty plea and imposition of his sentence on February 11, 2019. His contention that the motion was timely 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
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Lowery v. State, 914 So. 2d 455 (Fla. 5th DCA 2005)
- Johnson v. State, 932 So. 2d 562 (Fla. 3d DCA 2006)
- Barcelona v. State, 974 So. 2d 1133 (Fla. 3d DCA 2008)
- Montesino v. State, 231 So. 3d 514 (Fla. 3d DCA 2017)