STATE v. ABREU

No. 93-2676.

650 So.2d 163 (1995)

The STATE of Florida, Appellant/Petitioner, v. Bruno ABREU, Appellee/Respondent.

District Court of Appeal of Florida, Third District.

February 8, 1995.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Michele A. Smith and Elliot Kula, Asst. Attys. Gen., for appellant/petitioner.

Bennett H. Brummer, Public Defender, and J. Rafael Rodriguez, Sp. Asst. Public Defender, for appellee/respondent.

Before BASKIN, COPE and GREEN, JJ.


COPE, Judge.

The State appeals an order granting a motion to mitigate. The question presented is whether the trial court had jurisdiction to enter an order of mitigation after the expiration of the 60-day period prescribed by Florida Rule of Criminal Procedure 3.800(b). We answer the question in the negative, treat the appeal as a petition for writ of certiorari, and quash the trial court order.

Defendant was convicted of multiple crimes and sentenced to life...

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