JONATHAN L. SUMMERS
v.
STATE OF FLORIDA
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Jonathan L. Summers sought certiorari review of a circuit court order dismissing his motion for sentence modification under Florida Rule of Criminal Procedure 3.800(c). The appellate court found the trial court failed to address the merits of the motion and quashed the order, remanding for reconsideration.
The trial court erred by dismissing the motion without addressing its merits. The order is quashed and the case is remanded for the trial court to consider the motion on its merits.
[1] A trial court must address the merits of a timely motion for sentence modification under Florida Rule of Criminal Procedure 3.800(c) and may not dismiss such motion witho…
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Join FLexlaw to unlock all legal intelligence“Because the trial court did not reach the merits of the motion, we quash the circuit court's order and remand the matter for reconsideration on its merits.”
The court's holding that dismissal without addressing substantive merits was improper and required remand for proper consideration.
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Join FLexlaw to unlock all legal intelligenceSummers filed a timely motion for sentence modification in two consolidated criminal cases (2017-CF-006226-A and 2017-CF-003194-A) in the Circuit Cour…
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November 15, 2024 PER CURIAM.
By petition for writ of certiorari, Jonathan L. Summers seeks review of an order dismissing his timely motion for sentence modification pursuant to Florida Rule of Criminal Procedure 3.800(c). Because the trial court did not reach the merits of the motion, we quash the circuit court’s order and remand the matter for reconsideration on its merits. See Evans v. State, 691 So. 2d 63 (Fla. 5th DCA 1997).
ORDER QUASHED and REMANDED with instructions. LAMBERT, EISNAUGLE, and KILBANE, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.