Florida Criminal Law Opinions

District Court of Appeal of Florida,

First District.

Marvin BACCHUS, Petitioner

v.

STATE of Florida, Respondent.

No. 1D06-5272.

May 31, 2007.

Petition for Writ of Certiorari–Original Jurisdiction.

Marvin Bacchus, pro se, Petitioner.

Bill McCollum, Attorney General, and Betty Cheramie, Assistant Attorney General, Tallahassee, for Respondent.

PER CURIAM.

*1 Petitioner seeks certiorari review of the trial court’s denial of his motion for mitigation of sentence pursuant to Florida Rule of Criminal Procedure 3.800(c). The trial court denied the Petitioner’s motion on the mistaken belief that it no longer had jurisdiction to rule. Because the motion was filed within 60 days of the date that mandate issued in the Petitioner’s direct appeal, the motion was timely. See Fla. R.Crim. P. 3.800(c). Therefore, the trial court had jurisdiction to consider petitioner’s motion, and its failure to do so is a departure from the essential requirements of the law. Atkins v. State, 851 So.2d 839 (Fla. 1st DCA 2003).

Accordingly, we grant the petition for writ of certiorari, vacate the order denying petitioner’s rule 3.800(c) motion for lack of jurisdiction, and remand with directions to consider petitioner’s motion on its merits.
BARFIELD, KAHN, and PADOVANO, JJ., CONCUR.

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Supreme Court of Florida.

Jessie Levon DYSON, Petitioner,

v.

STATE of Florida, Respondent.

No. SC06-1762.

May 31, 2007.

Application for Review of the Decision of the District Court of Appeal–Direct Conflict of Decisions, Third District–Case No. 3D04-1034 (Dade County).

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, Eleventh Judicial Circuit, Miami, FL, for Petitioner.

Bill McCollum, Attorney General, Tallahassee, FL, Richard L. Polin, Bureau Chief Criminal Appeals and Laura Moszer, Assistant Attorney General, Miami, FL, for Respondent.

PER CURIAM.

*1 We initially accepted review of the decision in Dyson v. State, 934 So.2d 548 (Fla. 3d DCA 2006), based on alleged express and direct conflict with Hale v. State, 630 So.2d 521 (Fla.1993), and State v. Ferreira, 840 So.2d 304 (Fla. 5th DCA 2003). Upon further consideration we conclude that jurisdiction was improvidently granted. Accordingly, we hereby discharge jurisdiction and dismiss this review proceeding.

It is so ordered.
LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur.

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District Court of Appeal of Florida,

First District.

Pamela BROWN, Appellant,

v.

STATE of Florida, Appellee.

No. 1D07-1078.

May 31, 2007.

An appeal from the Circuit Court for Leon County. Augustus D. Aikens, Jr., Judge.

Nancy Daniels, Public Defender, and David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Sean F. Callaghan, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

*1 Appellant seeks review of an order of involuntary inpatient placement under section 394.467, Florida Statutes. Appellant argues that appellant’s alleged waiver of her presence at the commitment hearing was insufficient and the state correctly concedes that the point has merit. Register v. State, 946 So.2d 50 (Fla. 1st DCA 2006); Brown v. State, 32 Fla. L. Weekly D877 (Fla. 1st DCA April 4, 2007).

The commitment order is reversed and we remand for a new commitment hearing.

REVERSED and REMANDED.
VAN NORTWICK, LEWIS, and ROBERTS, JJ., CONCUR.

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District Court of Appeal of Florida,

First District.

Issac Richard LEMASTERS, Jr., Petitioner,

v.

STATE of Florida, Respondent.

No. 1D07-1261.

May 31, 2007.

Petition Seeking Belated Appeal–Original Jurisdiction.

Jack Behr, Public Defender, First Judicial Circuit, and James S. Owens, Assistant Public Defender, Pensacola, for Petitioner.

Bill McCollum, Attorney General, and Sheron Wells, Assistant Attorney General, Tallahassee, for Respondent.

PER CURIAM.

*1 The petition seeking belated appeal from the judgment and sentence in case number 2006 CF 003218 A in the Circuit Court for Escambia County is granted. The outstanding show cause order regarding jurisdiction in case number 1D07-0377 is hereby discharged and that case shall proceed to a disposition on the merits.

PETITION GRANTED.
VAN NORTWICK, LEWIS, and ROBERTS, JJ., CONCUR.

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District Court of Appeal of Florida,

First District.

Ronald BAKER, Appellant,

v.

STATE of Florida, Appellee.

No. 1D07-1417.

May 31, 2007.

An appeal from the Circuit Court for Jackson County. William L. Wright, Judge.

Ronald Baker, pro se, Appellant.

Bill McCollum, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

*1 The appeal is hereby dismissed for lack of jurisdiction. Lutrell v. Fla. Parole Comm’n, 578 So.2d 11 (Fla. 1st DCA 1991). Appellant’s motion to supplement the record is denied as moot.
VAN NORTWICK, LEWIS, and ROBERTS, JJ., CONCUR.

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