KMATA UKAJ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant challenges the denial of her motion to reduce sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(c). The lower court erroneously denied the motion as untimely, even though it had been timely filed within sixty days after the mandate issued in the direct appeal. Although appeals from orders such as this are generally not cognizable, because the lower court was of the mistaken impression that the motion was untimely, we treat the appeal as a petition for certiorari, grant the petition and quash the order under review. Diaz v. State, 931 So. 2d 1002, 1004 (Fla. 3d DCA 2006); Byrd v. State, 920 So. 2d 825, 826 (Fla. 2d DCA 2006). On remand, the trial court is directed to address the motion on the merits.
ORDER QUASHED; CASE REMANDED.
PLEUS, MONACO and TORPY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By
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Graham v. State, 24 So. 3d 781 (Fla. 5th DCA 2009)…Adams v. State, 800 So. 2d 741 (Fla. 5th DCA 2001). However, when the basis for denial was a lack of jurisdiction, certiorari is proper for purposes of challenging that ruling. See Eberheart v. State, 5 So. 3d 791 (Fla. 5th DCA 2009); Ukaj v. State, 969 So. 2d 1172 (Fla. 5th DCA 2007); Wills v. State, 963 So. 2d 356 (Fla. 5th DCA 2007); Del Valle [*783] v. State, 948 So. 2d 78 (Fla. 5th DCA 2007); Arnold v. State, 621 So. 2d 503 (Fla. 5th DCA 1993). Thus, we treat this appeal as a petition for writ of certiora…
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Eberheart v. State, 5 So. 3d 791 (Fla. 5th DCA 2009)…r, the state concedes that the circuit court had jurisdiction to consider the motion to mitigate sentence on the merits. We, therefore, grant the petition for writ of certiorari, quash the order and remand for further proceedings. See Ukaj v. State, 969 So. 2d 1172 (Fla. 5th DCA 2007). WRIT GRANTED, ORDER QUASHED. PALMER, C.J., GRIFFIN and MONACO, JJ., concur. . See Adams v. State, 800 So. 2d 741 (Fla. 5th DCA 2001).…
Authorities Cited
- Diaz v. State, 931 So. 2d 1002 (Fla. 3d DCA 2006)
- Pickens v. State, 920 So. 2d 825 (Fla. 5th DCA 2006)
- Byrd v. State, 920 So. 2d 825 (Fla. 2d DCA 2006)