Legal Opinion

Kleintank v. State

District Court of Appeal of Florida

Decided March 3, 2017No. Case No. 5D16-3809Published

1Opinion of the Court

ON CONCESSION OF ERROR

2Per curiam

Pursuant to Respondent’s concession of error, we grant the petition for writ of certiorari and quash the order of the trial court denying Petitioner’s Florida Rule of Criminal Procedure 3.800(c) motion for reduction or modification of sentence. On remand, the trial court is directed to consider the motion on the merits. See Manspeaker v. State, 90 So.3d 998, 998 (Fla. 1st DCA 2012).

PETITION GRANTED.

ORFINGER and BERGER, JJ., and JACOBUS, B.W., Senior Judge, concur

3Cases cited1 opinion

  1. Manspeaker v. StateDistrict Court of Appeal of Florida · 2012