Moye v. State

Full title: BILLY MOYE, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Jan 23, 2002

805 So. 2d 1057 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 1D01-3011

Opinion filed January 23, 2002.

An appeal from the Circuit Court for Leon County. Charles A. Francis, Judge.

Appellant, pro se.

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

PER CURIAM.

The appellant filed a motion in the trial court purportedly pursuant to Florida Rule of Criminal Procedure 3.800(b). The trial court treated the motion as a motion for modification of sentence under Rule 3.800(c), and denied the motion as untimely. The appellant challenges this ruling. 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).

WEBSTER, LEWIS and POLSTON, JJ., concur.