Baez v. State

The Petitioner challenges the trial court’s striking of his motion for reduction of sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(c). The trial court struck the motion on the ground that it was not filed within 60 days of imposition of the sentence. However, rule 3.800(c) allows for motions filed pursuant to that rule to be filed within 60 days of the date that mandate issued in the Petitioner’s direct appeal. Here, the Petitioner’s motion was timely filed within 60 days of the date mandate issued in Petitioner’s direct appeal, so the trial court had jurisdiction to rule…