At page 124 Lack of jurisdiction when motion for sentence reduction is ignored3 citing casesSteven Hussey, Immokalee, pro se. Robert A. Butterworth, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm…
- Schlabach v. State, 37 So. 3d 230 (Fla. 2010).published Hussey v. State, 739 So.2d 123, 124 (Fla. 4th DCA 1999) (citing Grosse v. State, 511 So.2d 688 (Fla. 4th DCA 1987); see also State v. Grandstaff, 927 So.2d 1035, 1036 (Fla. 4th DCA 2006)) ("This rule has been construed to require reduction…
- State v. Schlabach, 1 So. 3d 1091 (Fla. 4th DCA 2009).publishedHussey v. State, 739 So.2d 123, 124 (Fla. 4th DCA 1999) (citing Grosse v. State, 511 So.2d 688 (Fla. 4th DCA 1987); see also State v. Grandstaff, 927 So.2d 1085, 1036 (Fla. 4th DCA 2006)) (“This rule has been construed to require reduction…
- State v. Grandstaff, 927 So. 2d 1035 (Fla. 4th DCA 2006).publishedSee Woodard, 866 So.2d at 121 ; Hussey v. State, 739 So.2d 123, 124 (Fla. 4th DCA 1999).
Other citing cases
- State v. Woodard, 866 So. 2d 120 (Fla. 4th DCA 2004).published
v.
STATE of Florida, Respondent.
[*124] Steven Hussey, Immokalee, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for respondent.
HAZOURI, J.
The defendant appeals an order denying a motion for reduction of sentence. The motion to mitigate was timely filed with the clerk, but no hearing was scheduled and no action taken within 60 days after imposition of sentence. The trial judge correctly determined that, therefore, the court lacked jurisdiction pursuant to Florida Rule of Criminal Procedure 3.800(c). See Grosse v. State, 511 So.2d 688 (Fla. 4th DCA 1987).
Petition for writ of certiorari is denied.
GUNTHER and STEVENSON, JJ., concur.