Taylor v. State

Petitioner, Teresa Ann Taylor, challenges the trial court’s order denying her motion to reduce sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(c). As the State properly concedes, the trial court departed from the essential requirements of law by deeming Petitioner’s motion denied based on the finding that more than ninety days had elapsed since filing when only sixteen days had elapsed.

While a denial on the merits of a 3.800(c) motion is not appealable, denial “based on an erroneous calculation of time is one of the limited bases on which certiorari relief is available for…