Opinion
No. 3D13–540.
2013-03-27
Jammie L. TAYLOR, aka Jammie Talor, Petitioner, v. The STATE of Florida, Respondent.
On Petition for Writ of Certiorari to the Circuit Court for Miami–Dade County, William Thomas, Judge. Jammie L. Taylor, in proper person. Pamela Jo Bondi, Attorney General, for respondent.
On Petition for Writ of Certiorari to the Circuit Court for Miami–Dade County, William Thomas, Judge.
Jammie L. Taylor, in proper person. Pamela Jo Bondi, Attorney General, for respondent.
Before SALTER, EMAS and FERNANDEZ, JJ.
EMAS, J.
Jammie Taylor appeals an order denying (as untimely) a motion to mitigate sentence pursuant to Florida Rule of Criminal Procedure 3.800(c). While an order denying, on its merits, a motion to mitigate a sentence is not appealable, see e.g., Smith v. State, 902 So.2d 293 (Fla. 3d DCA 2005), the appeal of an order dismissing or denying the motion as untimely may be treated as a petition for writ of certiorari. Iglesias v. State, 76 So.3d 370 (Fla. 3d DCA 2011). We do so here and, having reviewed the record, conclude the trial court correctly determined the motion was untimely.
Petition dismissed.