McSwain v. State

Full title: Paul M. McSWAIN, Petitioner, v. STATE of Florida, Respondent

Court: District Court of Appeal of Florida, First District

Date published: Aug 28, 2002

824 So. 2d 225 (Fla. Dist. Ct. App. 2002)

Opinion

No. 1D02-0542.

July 23, 2002. Rehearing Denied August 28, 2002.

Petition for Writ of Certiorari — Original Jurisdiction.

Petitioner, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The appellant filed a motion in the trial court pursuant to Florida Rule of Criminal Procedure 3.800(c). The trial court denied the motion as untimely. We treat the appellant's notice of appeal as a petition for certiorari and deny the petition. See Davis v. State, 745 So.2d 499 (Fla. 1st DCA 1999).

BROWNING, LEWIS and POLSTON, JJ. concur.