DEL VALLE v. STATE

No. 5D06-3411.

948 So.2d 78 (2007)

Edsel I. DEL VALLE, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

January 19, 2007.


Attorney(s) appearing for the Case

Edsel I. Del Valle, Orlando, pro se.

Bill McCollum, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Respondent.


PER CURIAM.

Petitioner Edsel I. Del Valle seeks certiorari review of the trial court's order denying his motion to mitigate sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(c). The trial court denied the motion as untimely because it was not filed within sixty days after imposition of sentence implying that it had no jurisdiction to review the motion. We hold the trial court had jurisdiction, grant the petition for writ of certiorari, and remand...

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