5D07-1088 Teresa Wills v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D07-1088

Case Date: 08/20/2007

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2007

TERESA LYNN WILLS, Petitioner, v. STATE OF FLORIDA, Respondent. ________________________________/ Opinion filed August 24, 2007 Petition for Certiorari Review of Order from the Circuit Court for Lake County, Mark J. Hill, Judge. Teresa L. Wills, Ocala, pro se. Bill McCollum, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Respondent. Case No. 5D07-1088

MONACO, J. The petitioner, Teresa Lynn Wills, seeks certiorari review of an order of the trial court denying her motion pursuant to rule 3.800(c), Florida Rules of Criminal Procedure, on jurisdictional grounds. Essentially, Ms. Wills timely filed her rule 3.800(c) motion, but the sixty-day time limit contained within the rule elapsed before the trial court could address its merits. The State properly concedes that the trial court should have sua sponte enlarged the time within which to have a hearing on the motion in accordance

with Abreu v. State, 660 So. 2d 703 (Fla . 1995), and Timmer v. State, 840 So. 2d 1160 (Fla. 5th DCA 2003). Accordingly, we grant certiorari, quash the trial court's order denying relief, and remand this matter for the trial court to consider the motion on the merits. WRIT GRANTED.

SAWAYA and ORFINGER, JJ., concur.

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