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Powell v. State, Case No. 2D08-5602 (Fla. App. 4/22/2009) (Fla. App., 2009)

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CYRENTHIA DENISE POWELL, Petitioner, v. STATE OF FLORIDA, Respondent. Case No. 2D08-5602. District Court of Appeal of Florida, Second District. Opinion filed April 22, 2009.Petition for Writ of Certiorari to the Circuit Court for Pinellas County, Dee Anna Farnell, Judge. Cyrenthia Denise Powell, pro se. Bill McCollum, Attorney General, Tallahassee, and Joseph H. Lee, Assistant Attorney General, Tampa, for Respondent. DAVIS, Judge. Cyrenthia Powell challenges, through a petition for writ of certiorari, the dismissal of her motion for correction, reduction, and modification of sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(c). Based on the State’s proper concession of error and because the postconviction court erred by dismissing her motion as untimely, we grant the petition...continue to full post

Full post as published by Florida Criminal Law Opinions on April 22, 2009 (boomark / email).