08-0320 DENICE BRINSON v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 08-0320

Case Date: 09/11/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DENICE BRINSON, Petitioner, v. CASE NO. 1D08-0320 STATE OF FLORIDA, Respondent. _____________________________/ NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Opinion filed September 11, 2008. Petition for Writ of Certiorari -- Original Jurisdiction. Denice Brinson, pro se, Petitioner. Bill McCollum, Attorney General, and Charlie McCoy, Assistant Attorney General, Tallahassee, for Respondent.

PER CURIAM. The petition for writ of certiorari is granted, and the circuit court's order denying as untimely Petitioner's motion for reduction or modification of sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(c), is hereby quashed. See

Bacchus v. State, 958 So. 2d 1016 (Fla. 1st DCA 2007). The cause is remanded to the circuit court with directions to dispose of Petitioner's motion on the merits. PETITION GRANTED. KAHN, LEWIS, and POLSTON, JJ., CONCUR.

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