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Martin v. State

District Court of Appeal of Florida, Second District
Mar 24, 2000
754 So. 2d 793 (Fla. Dist. Ct. App. 2000)

Opinion

No. 2D99-4532.

Opinion filed March 24, 2000.

Appeal pursuant to Fla.R.App.P.9.140(i) from the Circuit Court for Polk County; Donald G. Jacobsen, Judge.


Tyrone E. Martin appeals the trial court's ruling on his letter seeking mitigation of his sentence. The trial court treated the letter as a motion filed pursuant to Florida Rule of Criminal Procedure 3.800(c), and denied it as untimely. We treat this appeal as petition for writ of certiorari. See Knafel v. State, 714 So.2d 1195 (Fla. 2d DCA 1998); Brown v. State, 707 So.2d 1191 (Fla. 2d DCA 1998). Because Martin's motion was filed well beyond the sixty-day period set forth in rule 3.800(c) and no manifest injustice has been demonstrated, we deny the petition.

CAMPBELL, A.C.J., and BLUE, and STRINGER, JJ., concur.


Summaries of

Martin v. State

District Court of Appeal of Florida, Second District
Mar 24, 2000
754 So. 2d 793 (Fla. Dist. Ct. App. 2000)
Case details for

Martin v. State

Case Details

Full title:TYRONE E. MARTIN, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Mar 24, 2000

Citations

754 So. 2d 793 (Fla. Dist. Ct. App. 2000)

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