Powell v. State

Joshua Powell, pro se, appeals the trial court’s denial of his motion to mitigate sentence under Florida Rule of Criminal Procedure 3.800. The trial court denied the motion for lack of jurisdiction, noting that it was filed November 15, 2007, over sixty days after Powell was sentenced.

Under Rule 3.800(c), a motion to mitigate sentence is also timely if filed “within 60 days after receipt by the court of a mandate issued by the appellate court on affirmance of the judgment and/or sentence on an original appeal.” In this ease, Powell claims this Court’s mandate in a prior appeal, Powell v.…