Robertson v. State

NORTHCUTT, Judge.

Little Robert Robertson seeks a writ of certiorari to quash a circuit court order dismissing as untimely his motion to mitigate his sentence. We grant the petition.

In September 2011, Robertson was sentenced to a ten-year probationary term for extortion. He filed a motion for postcon-viction relief under Florida Rule of Criminal Procedure 3.850, challenging two conditions of probation. The State conceded that they were special conditions and that they had not been orally pronounced. The postconviction court granted Robertson’s motion and struck the two conditions.

Within sixty…