Kelly v. State

553 So. 2d 322, 14 Fla. L. Weekly 2774, 1989 Fla. App. LEXIS 6726, 1989 WL 145756

Opinion

WIGGINTON, Judge.

We affirm the trial court’s order denying appellant’s “Motion To Reduce Sentence” as the motion was filed beyond 60 days from the imposition of the sentence and therefore the court was without jurisdiction to consider the motion under Rule 3.800(b), Florida Rules of Criminal Procedure. However, we affirm the order without prejudice to appellant’s filing of a Rule 3.800(a) motion raising the appropriateness of the scoring of 200 points for victim injury including any issues which might be argued as to availability of relief on the ground in question. , See and compare, Fennell v. State, 544 So.2d 1017 (Fla.1989); O’Bright v. State, 508 So.2d 385 (Fla. 1st DCA 1987); and Moore v. State, 469 So.2d 947 (Fla. 5th DCA 1985).

SHIVERS, C.J., and WENTWORTH, J., concur.