Moye v. State

¶1The appellant filed a motion in the trial court purportedly pursuant to Florida Rule of Criminal Procedure 3.800(b). The trial court treated the motion as a motion for modification of sentence under Rule 3.800(c), and denied the motion as untimely. The appellant challenges this ruling. We treat the appellant’s notice of appeal as a petition for certiorari and deny the petition. See Davis v. State, 745 So.2d 499 (Fla. 1st DCA 1999).