CALLIE JOHNSON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
Explore caselaw by topic → Browse Florida Rule Of Criminal Procedure 3.800(C) cases and more on FLexlaw
PER CURIAM.
The petitioner, Callie Johnson, appeals the denial of his motion to modify or reduce his sentence. The trial court denied the motion for lack of jurisdiction. As Davis v. State, 745 So. 2d 499 (Fla. 1st DCA 1999), controls here, we reverse.
The record reveals that this Court’s Mandate, affirming the petitioner’s conviction, issued on March 16, 2000. The petitioner filed his motion on March 26, 2000, which was within the 60-day time period required by Florida Rule of Criminal Procedure 3.800(c). Accordingly, the trial court had jurisdiction to consider the motion on the merits. See id. at 499. Its failure to do so was a departure from the essential requirements of law.
REVERSED and REMANDED for consideration of the petitioner’s motion on the merits.
BOOTH, KAHN and VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Dixon v. State, 805 So. 2d 1033 (Fla. 2d DCA 2001)…at the mandate had not yet been issued. Since the mandate had been issued, the trial court had jurisdiction to hear the motion, and thus, the trial court departed from the essential requirements of law by dismissing the motion. See Johnson v. State, 776 So. 2d 1026, 1026 (Fla. 1st DCA 2001). We grant the petition for writ of certio-rari and direct the trial court to rule on the merits of Dixon’s motion for reduction or modification of sentence filed pursuant to rule 3.800(c). Petition granted. COVINGTON,…
Authorities Cited
- Davis v. State, 745 So. 2d 499 (Fla. 1st DCA 1999)