Legal Opinion

MacK v. State

District Court of Appeal of Florida

Decided January 11, 2012No. 4D10-4276Published

1Per curiam

Donald Mack sought appellate review of an order striking his motion to reduce his sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(c). We treat the appeal as a petition for certiorari and grant relief based on Schlabach v. State, 37 So.3d 230 (Fla.2010). See also In re Amendments to Florida Rule of Criminal Procedure 3.800(c), 76 So.3d 913 (Fla.2011). Consequently, we quash the order and remand the matter for the trial court to consider the merits of Mack’s motion.

Petition Granted; Order Quashed; Remanded.

WARNER, STEVENSON and LEVINE, JJ., concur.

2Cases cited2 opinions

  1. Schlabach v. StateSupreme Court of Florida · 2010
  2. In re Amendments to Florida Rule of Criminal Procedure 3.800(C)Supreme Court of Florida · 2011