Summers v. State

Full title: Jonathan L. Summers, Petitioner, v. State of Florida, Respondent.

Court: Florida Court of Appeals, Fifth District

Date published: Nov 15, 2024

No. 5D2024-0600 (Fla. Dist. Ct. App. Nov. 15, 2024)

Opinion

5D2024-0600

11-15-2024

Jonathan L. Summers, Petitioner, v. State of Florida, Respondent.

Jonathan L. Summers, Crawfordville, pro se. Ashley Moody, Attorney General and Michael McDermott, Senior Assistant Attorney General, Tallahassee, for Respondent.

PER CURIAM

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

Petition for Certiorari Review of Order from the Circuit Court for Duval County LT Case Nos. 2017-CF-006226-A, 2017-CF-003194-A, London M. Kite, Judge.

Jonathan L. Summers, Crawfordville, pro se.

Ashley Moody, Attorney General and Michael McDermott, Senior Assistant Attorney General, Tallahassee, for Respondent.

PER CURIAM

By petition for writ of certiorari, Jonathan L. Summers seeks review of an order dismissing his timely motion for sentence modification pursuant to Florida Rule of Criminal Procedure 3.800(c). Because the trial court did not reach the merits of the motion, we quash the circuit court's order and remand the matter for reconsideration on its merits. See Evans v. State, 691 So.2d 63 (Fla 5th DCA 1997)

ORDER QUASHED and REMANDED with instructions

LAMBERT, EISNAUGLE, and KILBANE, JJ, concur.