POWELL v. STATE

No. 3D08-407.

979 So.2d 1062 (2008)

Joshua POWELL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 26, 2008.


Attorney(s) appearing for the Case

Joshua Powell, in proper person.

Bill McCollum, Attorney General, for appellee.

Before RAMIREZ and SALTER, JJ., and SCHWARTZ, Senior Judge.


PER CURIAM.

Joshua Powell, pro se, appeals the trial court's denial of his motion to mitigate sentence under Florida Rule of Criminal Procedure 3.800. The trial court denied the motion for lack of jurisdiction, noting that it was filed November 15, 2007, over sixty days after Powell was sentenced.

Under Rule 3.800(c), a motion to mitigate sentence is also timely if filed "within 60 days after receipt by the court of a mandate issued by the appellate court...

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