Hernandez v. State, 109 So. 3d 865 (Fla. 3d DCA 2013). · Go Syfert
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Hernandez v. State, 109 So. 3d 865 (Fla. 3d DCA 2013). Cases Citing This Book View Copy Cite
3 citation events across 1 distinct court.
Strongest positive: Dawn Kirkconnell v. State, 309 So. 3d 259 (Fla. 3d DCA 2020)
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At page 865 Jurisdictional nature of sixty-day rule under rule 3.800(c)2 citing cases
  • Dawn Kirkconnell v. State, 309 So. 3d 259 (Fla. 3d DCA 2020).published
    The trial court accordingly denied her 3.800(c) motion to mitigate because it was untimely filed more than sixty days after imposition of sentence. “[T]he sixty-day requirement of Rule 3.800(c) is jurisdictional,” and “[t]he trial court pr…
  • Montesino v. State, No. 17-0758 (Fla. 3d DCA June 14, 2017).published
    “We,” therefore, “treat the appeal as a petition for writ of certiorari, and deny the petition.” Iglesias v. State, 76 So. 3d 370, 371 (Fla. 3d DCA 2011) (citation omitted).1 “Florida Rule of Criminal Procedure 3.800(c) provides that where…
Retrieving the full opinion text from the archive…
Matthew R. HERNANDEZ
v.
The STATE of Florida
No. 3D13-251.
District Court of Appeal of Florida, Third District.
Mar 13, 2013.
Published opinion
109 So. 3d 865
2013 WL 950369
2013 Fla. App. LEXIS 3937
Matthew R. Hernandez, in proper person., Pamela Jo Bondi, Attorney General, for appellee.
Lagoa, Logue, Salter.
Cited by 2 opinions  |  Published
PER CURIAM.

Matthew Hernandez appeals an order denying his motion to modify or reduce his sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(c). As an order denying a motion to reduce or mitigate a sentence is not appealable, see, e.g., Diaz v. State, 931 So.2d 1002, 1004 (Fla. 3d DCA 2006), we treat the appeal as a petition for writ of certiorari, see Iglesias v. State, 76 So.3d 370 (Fla. 3d DCA 2011), and deny the petition.

Rule 3.800(c) allows for a reduction or modification of “a legal sentence imposed by [the court] within 60 days after the imposition....” Fla. R.Crim. P. 3.800(c).

Hernandez was sentenced on January 10, 2012. No appeal was taken from the judgment or sentence. Hernandez filed the instant motion to modify his sentence on August 21, 2012. The trial court properly denied Hernandez’s motion as untimely because it was filed more than sixty days from the date his sentence was imposed and the sixty-day requirement of Rule 3.800(c) is jurisdictional. E.g., State v. Woodard, 866 So.2d 120, 121 (Fla. 4th DCA 2004).

Petition denied.