Public-domain · open source
OpenJurist

805 So. 2d 1033

Dixon v. State

District Court of Appeal of Florida

Decided December 28, 2001

District Court of Appeal of Florida · decided 2001-12-28

Relies on 790 So. 2d 403 - Irven v. DEPARTMENT OF HEALTH AND REHAB. · Johnson v. State

Decided 2001-12-28

WHATLEY, Acting Chief Judge.

¶1Keith Rashad Dixon appeals the dismissal of his motion for reduction or modification of sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(c). *1034We convert this appeal to a petition for writ of certiorari and grant the petition.

¶2Dixon initially filed a direct appeal from a final judgment and sentence. The case was affirmed on June 1, 2001. Dixon v. State, 790 So.2d 414, (Fla. 2d DCA 2001) (table). The mandate was issued on June 26, 2001. Dixon then filed a timely rule 3.800(c) motion on July 26, 2001. The trial court dismissed the 3.800(c) motion because the court mistakenly believed that the mandate had not yet been issued. Since the mandate had been issued, the trial court had jurisdiction to hear the motion, and thus, the trial court departed from the essential requirements of law by dismissing the motion. See Johnson v. State, 776 So.2d 1026, 1026 (Fla. 1st DCA 2001).

¶3We grant the petition for writ of certio-rari and direct the trial court to rule on the merits of Dixon’s motion for reduction or modification of sentence filed pursuant to rule 3.800(c).

¶4Petition granted.

COVINGTON, J., and THREADGILL, EDWARD F., Senior Judge, Concur.
/805/so2d/1033 · .json · Public domain