Arnett v. State

District Court of Appeal of Florida

Arnett v. State

150 So. 3d 274, 2014 Fla. App. LEXIS 17884, 2014 WL 5585338

CourtDistrict Court of Appeal of Florida

DecidedNovember 4, 2014

DocketNo. 1D14-924

StatusPublished

This text of 150 So. 3d 274 (Arnett v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Arnett v. State, 150 So. 3d 274, 2014 Fla. App. LEXIS 17884, 2014 WL 5585338 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

Because petitioner’s motion for modification of sentence was timely filed pursuant to Florida Rule of Criminal Procedure 3.800(c), the petition for writ of certiorari is granted. See Jones v. State, 4 So.3d 80 (Fla. 1st DCA 2009); Mathis v. State, 957 So.2d 692, 692-93 (Fla. 1st DCA 2007); Griffin v. State, 979 So.2d 1253, 1255 (Fla. 4th DCA 2008) (holding that “imposition” of sentence by trial court under Rule 3.800(c) includes sentence imposed by trial court following reversal on appeal of denial of post-conviction relief, and motion filed within 60 days of such imposition was not untimely); Robertson v. State, 138 So.3d 1140, 1141 (Fla. 2d DCA 2014) (following Griffin). The circuit court’s order dated February 10, 2014, is quashed and the cause is remanded with directions to consider the motion on the merits.

PETITION GRANTED.

VAN NORTWICK, RAY, and OSTERHAUS, JJ., concur.

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PER CURIAM.

Because petitioner’s motion for modification of sentence was timely filed pursuant to Florida Rule of Criminal Procedure 3.800(c), the petition for writ of certiorari is granted. See Jones v. State, 4 So.3d 80 (Fla. 1st DCA 2009); Mathis v. State, 957 So.2d 692, 692-93 (Fla. 1st DCA 2007); Griffin v. State, 979 So.2d 1253, 1255 (Fla. 4th DCA 2008) (holding that “imposition” of sentence by trial court under Rule 3.800(c) includes sentence imposed by trial court following reversal on appeal of denial of post-conviction relief, and motion filed within 60 days of such imposition was not untimely); Robertson v. State, 138 So.3d 1140, 1141 (Fla. 2d DCA 2014) (following Griffin). The circuit court’s order dated February 10, 2014, is quashed and the cause is remanded with directions to consider the motion on the merits.

PETITION GRANTED.

VAN NORTWICK, RAY, and OSTERHAUS, JJ., concur.

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Bluebook (online)

150 So. 3d 274, 2014 Fla. App. LEXIS 17884, 2014 WL 5585338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arnett-v-state-fladistctapp-2014.

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