Bailey v. State

SLEET, Judge.

Giannetta Bailey seeks certiorari review of a circuit court order dismissing as untimely her motion to reduce or modify sentence filed under Florida Rule of Criminal Procedure 3.800(c). Because the circuit court departed from the essential requirements of law in dismissing Ms. Bailey’s motion as untimely, we grant the petition, quash the circuit court’s order, and remand for consideration of Ms. Bailey’s motion on its merits.

Rule 3.800(c) provides that “[a] court may reduce or modify to include any of the provisions of chapter 948, Florida Statutes, a legal sentence imposed by…