Kleintank v. State

Full title: Jacob KLEINTANK, Petitioner, v. STATE of Florida, Respondent.

Court: District Court of Appeal of Florida, Fifth District.

Date published: Mar 3, 2017

211 So. 3d 1142 (Fla. Dist. Ct. App. 2017)

Opinion

Case No. 5D16–3809

03-03-2017

Jacob KLEINTANK, Petitioner, v. STATE of Florida, Respondent.

A. R. Mander, III, of Mander Law Group, Dade City, for Petitioner. Pamela Jo Bondi, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM.

A. R. Mander, III, of Mander Law Group, Dade City, for Petitioner.

Pamela Jo Bondi, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Respondent.

ON CONCESSION OF ERROR

PER CURIAM.

Pursuant to Respondent's concession of error, we grant the petition for writ of certiorari and quash the order of the trial court denying Petitioner's Florida Rule of Criminal Procedure 3.800(c) motion for reduction or modification of sentence. On remand, the trial court is directed to consider the motion on the merits. See Manspeaker v. State , 90 So.3d 998, 998 (Fla. 1st DCA 2012).

PETITION GRANTED.

ORFINGER and BERGER, JJ., and JACOBUS, B.W., Senior Judge, concur