TERENCE C. ATKINS, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Williams v. State, 957 So. 2d 600 (Fla. 2007)
  …ntence set out in a written judgment and sentence that does not comport with the sentence orally pronounced in open court; these courts have authorized correction of this type of error in a rule 3.800(a) postconviction proceeding. See Hood v. State, 851 So. 2d 829 (Fla. 1st DCA 2003); Greene v. State, 853 So. 2d 1114 (Fla. 1st DCA 2003); Cote v. State, 841 So. 2d 488 (Fla. 2d DCA 2003), quashed, 913 So. 2d 544 (Fla.2005); Fitzpatrick, 863 So. 2d at 463; Watts, 790 So. 2d at 1176; Dobarganes v. State, 930 So.…
• Ward v. State, 854 So. 2d 260 (Fla. 1st DCA 2003)
  …ntimeliness.” Id. In this case, contrary to the court’s determination, it did have jurisdiction to consider the motion on the merits and its failure to do so constitutes.a departure from the essential requirements of law. See, e.g., Atkins v. State, 851 So. 2d 829 (Fla. 1st DCA 2003); Jolly v. State, 803 So. 2d 846 (Fla. 1st DCA 2001). Therefore, we treat the appeal of the denial of this order as a petition for writ of certiorari, quash the circuit court’s order denying the motion, and remand with instruction…
• Bacchus v. State, 958 So. 2d 1016 (Fla. 1st DCA 2007)
  …r’s direct appeal, the motion was timely. See Fla. R.Crim. P. 3.800(c). Therefore, the trial court had jurisdiction to consider petitioner’s motion, and its failure to do so is a departure from the essential requirements of the law. Atkins v. State, 851 So. 2d 829 (Fla. 1st DCA 2003). Accordingly, we grant the petition for writ of certiorari, vacate the order denying petitioner’s rule 3.800(c) motion for lack of jurisdiction, and remand with directions to consider petitioner’s motion on its merits. BARFIE…

Authorities Cited

• Davis v. State, 745 So. 2d 499 (Fla. 1st DCA 1999)
• Jolly v. State, 803 So. 2d 846 (Fla. 1st DCA 2001)