Berchin v. State

Adam Berchin petitions this court for a writ of certiorari to quash the trial court order denying his rule 3.800(c) motion to modify a special condition of probation.

Petitioner was convicted of battery of a person over the age of sixty-five, and was sentenced to a two year probationary sentence. As a special condition of his probation petitioner was to reside at Avondale Manor, an assisted living facility. Forty-two days after sentence was imposed petitioner filed an emergency motion to modify his sentence pursuant to Florida Rule of Criminal Procedure 3.800(c). Petitioner re*660quested the trial…