KWAPIL v. STATE

No. 2D10-437.

44 So.3d 229 (2010)

Matthew KWAPIL, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

September 29, 2010.


Attorney(s) appearing for the Case

Matthew Kwapil , pro se.

Bill McCollum , Attorney General, Tallahassee, and Katherine Coombs Cline , Assistant Attorney General, Tampa, for Respondent.


MORRIS, Judge.

Matthew Kwapil seeks certiorari review of a circuit court order dismissing as untimely his motion to mitigate sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(c). We conclude that the circuit court should have considered the merits of Kwapil's motion because it was timely filed under the mailbox rule.

Rule 3.800(c) provides that where no direct appeal has been filed, a court "may reduce or modify ... a legal sentence imposed...

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