Conrad v. State

WALLACE, Judge.

Alyssa Conrad appeals the order dismissing her motion to reduce or modify sentence filed under Florida Rule of Criminal Procedure 3.800(c) as untimely. Because such an order is not appealable, we treat the appeal as a petition for writ of certiorari, and we grant the petition. See Bailey v. State, 136 So.3d 615, 616 (Fla. 2d DCA 2013).

The law is well settled that a circuit court departs from the essential requirements of law when it dismisses a timely rule 3.800(c) motion without considering the merits of the motion. See, e.g., id. at 616; Kwapil v. State, 44 So.3d 229, 230…