KWAPIL v. State

MORRIS, Judge.

Matthew Kwapil seeks certiorari review of a circuit court order dismissing as untimely his motion to mitigate sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(c). We conclude that the circuit court should have considered the merits of Kwapil’s motion because it was timely filed under the mailbox rule.

Rule 3.800(c) provides that where no direct appeal has been filed, a court “may reduce or modify ... a legal sentence imposed by it within [sixty] days after the imposition.” Kwapil was sentenced on October 29, 2009, and no direct appeal was filed. The sixty-day…