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Mack v. State

District Court of Appeal of Florida, Fourth District.
Jan 11, 2012
78 So. 3d 56 (Fla. Dist. Ct. App. 2012)

Opinion

No. 4D10–4276.

2012-01-11

Donald J. MACK, Petitioner, v. STATE of Florida, Respondent.

Petition for writ of certiorari to the Circuit Court for the Nineteenth Judicial Circuit, Martin County; Sherwood Bauer, Jr., Judge; L.T. Case No. 432009–CF–1324.Donald J. Mack, Avon Park, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Helene C. Hvizd, Assistant Attorney General, West Palm Beach, for respondent.


Petition for writ of certiorari to the Circuit Court for the Nineteenth Judicial Circuit, Martin County; Sherwood Bauer, Jr., Judge; L.T. Case No. 432009–CF–1324.Donald J. Mack, Avon Park, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Helene C. Hvizd, Assistant Attorney General, West Palm Beach, for respondent.

PER CURIAM.

Donald Mack sought appellate review of an order striking his motion to reduce his sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(c). We treat the appeal as a petition for certiorari and grant relief based on Schlabach v. State, 37 So.3d 230 (Fla.2010). See also In re Amendments to Florida Rule of Criminal Procedure 3.800(c), 76 So.3d 913 (Fla.2011). Consequently, we quash the order and remand the matter for the trial court to consider the merits of Mack's motion.

Petition Granted; Order Quashed; Remanded.

WARNER, STEVENSON and LEVINE, JJ., concur.


Summaries of

Mack v. State

District Court of Appeal of Florida, Fourth District.
Jan 11, 2012
78 So. 3d 56 (Fla. Dist. Ct. App. 2012)
Case details for

Mack v. State

Case Details

Full title:Donald J. MACK, Petitioner, v. STATE of Florida, Respondent.

Court:District Court of Appeal of Florida, Fourth District.

Date published: Jan 11, 2012

Citations

78 So. 3d 56 (Fla. Dist. Ct. App. 2012)