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124 So. 3d 400

Martin v. State

District Court of Appeal of Florida

Decided October 23, 2013

District Court of Appeal of Florida · decided 2013-10-23

Cited by 1 later decisions — most recently May 2016

1 state decisions

Relies on 932 So. 2d 617 - Pruitt v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2013-10-23

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PER CURIAM.

¶1As the State correctly concedes, contrary to the trial court’s order, petitioner’s motion for reduction or modification of sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(c) was timely. The State also correctly concedes that the trial court’s order constitutes a departure from the essential requirements of law, entitling petitioner to the writ of certiorari he seeks. See, e.g., Pruitt v. State, 932 So.2d 617 (Fla. 1st DCA 2006). The petition seeking a writ of certiorari is granted; the trial court’s order denying petitioner’s rule 3.800(c) motion as untimely filed is quashed; and the case is remanded for further proceedings.

¶2PETITION FOR WRIT OF CERTIO-RARI GRANTED.

LEWIS, C.J., WOLF and MAKAR, JJ., concur.
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