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Robert BRANDER, Petitioner, v. STATE of Florida, Respondent. No. 1D08-3032

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District Court of Appeal of Florida, First District. Robert BRANDER, Petitioner, v. STATE of Florida, Respondent. No. 1D08-3032. Dec. 12, 2008. Petition for Writ of Certiorari-OriginalJurisdiction. Robert Brander, pro se, Petitioner. Bill McCollum, Attorney General, and Edward C. Hill, Jr., Assistant Attorney General, Tallahassee, for Respondent. PER CURIAM. *1 Although a trial court’s order denying a Florida Rule of Criminal Procedure 3.800(c) motion on the merits is not appealable, a trial court’s order denying the motion for lack of jurisdiction based on the motion’s untimeliness may be reviewed by this Court’s certiorari jurisdiction. See Davis v. State, 745 So.2d 499, 499 (Fla. 1st DCA 1999). As the State correctly concedes, the petitioner’s motion to mitigate sentence pursuant to rule 3...continue to full post

Full post as published by Florida Criminal Law Opinions on December 12, 2008 (boomark / email).