Legal Opinion

Johnson v. State

District Court of Appeal of Florida

Decided May 25, 2018No. 1D17–3432Published

1Per curiam

Petitioner seeks certiorari review of the trial court's denial of her motion to reduce or modify her sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(c). The trial court dismissed the motion as untimely. However, the motion was filed within sixty days of the date that this Court issued the mandates in her direct appeals. See Bailey v. State , 136 So.3d 615, 616 (Fla. 2d DCA 2013) ("[A] rule 3.800(c) motion is considered filed when entrusted to prison officials for further delivery or processing."). As the State concedes, the motion was timely filed. See Fla. R. Crim. P.…

2Cases cited2 opinions

  1. Bacchus v. StateDistrict Court of Appeal of Florida · 2007
  2. Bailey v. StateDistrict Court of Appeal of Florida · 2013

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