EVANS v. STATE

No. 97-188.

691 So.2d 63 (1997)

Marcellus EVANS, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

April 11, 1997.


Attorney(s) appearing for the Case

Marcellus Evans, Jasper, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Respondent.


W. SHARP, Judge.

Evans seeks certiorari review from an order of the trial court that denied his rule 3.800(b) motion, in which he sought a reduction or modification of his criminal sentence. The trial court denied the motion because of lack of jurisdiction, since the motion had been filed more than 60 days after the judgment and sentence became final. We grant the petition.

Evans argues the court departed from the essential requirements of law by not considering...

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