Evans v. State

W. SHARP, Judge.

Evans seeks certiorari review from an order of the trial court that denied his rule 3.800(b) motion, in which he sought a reduction or modification of his criminal sentence. The trial court denied the motion because of lack of jurisdiction, since the motion had been filed more than 60 days after the judgment and sentence became final. We grant the petition.

Evans argues the court departed from the essential requirements of law by not considering his motion on the merits, because his motion was timely filed. The state concedes error. Evans’ conviction for armed trafficking in…