BRANDER v. STATE

No. 1D08-3032.

996 So.2d 255 (2008)

Robert BRANDER, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, First District.

December 12, 2008.


Attorney(s) appearing for the Case

Robert Brander, pro se, Petitioner.

Bill McCollum, Attorney General, and Edward C. Hill, Jr., Assistant Attorney General, Tallahassee, for Respondent.

Prior report: 974 So.2d 1070.


PER CURIAM.

Although a trial court's order denying a Florida Rule of Criminal Procedure 3.800(c) motion on the merits is not appealable, a trial court's order denying the motion for lack of jurisdiction based on the motion's untimeliness may be reviewed by this Court's certiorari jurisdiction. See Davis v. State, 745 So.2d 499, 499 (Fla. 1st DCA 1999).

As the State correctly concedes, the petitioner's motion to mitigate...

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