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PRUITT v. STATE

No. 1D06-416.

932 So.2d 617 (2006)

Travarus Q. PRUITT, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, First District.

July 3, 2006.

Attorney(s) appearing for the Case

Michael Ufferman of Michael Ufferman Law Firm, P.A., Tallahassee, for Petitioner.

Charlie Crist, Attorney General, Diego Puig and Bryan Jordan, Assistant Attorneys General, Tallahassee, for Respondent.

PER CURIAM.

As the state correctly concedes, petitioner's motion for reduction or modification of sentence pursuant to Florida Rule of Criminal Procedure 3.800(c) was timely filed. Accordingly, contrary to its order, the trial court did possess jurisdiction to consider the merits of that motion. The state also correctly concedes that the trial court's order constitutes a departure from the essential requirements of law, entitling petitioner to the writ of certiorari...

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