JOHNSON v. STATE (2018)

District Court of Appeal of Florida, First District.

La Tissha M. JOHNSON, Petitioner, v. STATE of Florida, Respondent.

No. 1D17–3432

Decided: May 25, 2018

La Tissha M. Johnson, pro se, Petitioner. Pamela Jo Bondi, Attorney General, and Steven E. Woods, Assistant Attorney General, Tallahassee, for Respondent.

Petitioner seeks certiorari review of the trial court's denial of her motion to reduce or modify her sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(c). The trial court dismissed the motion as untimely. However, the motion was filed within sixty days of the date that this Court issued the mandates in her direct appeals. See Bailey v. State, 136 So.3d 615, 616 (Fla. 2d DCA 2013) (“[A] rule 3.800(c) motion is considered filed when entrusted to prison officials for further delivery or processing.”). As the State concedes, the motion was timely filed. See Fla. R. Crim. P. 3.800(c).

The trial court's failure to consider Petitioner's rule 3.800(c) motion on the merits was a departure from the essential requirements of law. See Bacchus v. State, 958 So.2d 1016, 1017 (Fla. 1st DCA 2007). Accordingly, we grant the petition for writ of certiorari, vacate the order dismissing Petitioner's rule 3.800(c) motion, and remand with directions to consider the motion on its merits.

Per Curiam.

Osterhaus, Winokur, and M.K. Thomas, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network