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SHANNON v. STATE

No. 4D00-1552.

765 So.2d 847 (2000)

Mark A. SHANNON, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

August 16, 2000.

Attorney(s) appearing for the Case

Mark A. Shannon, DeFuniak Springs, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Mark Rosenblatt, Assistant Attorney General, Fort Lauderdale, for respondent.

WARNER, C.J.

Petitioner seeks certiorari review of the trial court's order denying his motion to reduce or modify his sentence pursuant to Florida Rule of Criminal Procedure 3.800(c). The trial court denied the motion as untimely. The state concedes that the court erred in denying the motion.

A trial court's order denying a motion brought under rule 3.800(c) is generally not appealable. See Lusskin v. State, 717 So.2d 1076

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