Hussey v. State, 739 So. 2d 123

HAZOURI, J.

The defendant appeals an order denying a motion for reduction of sentence. The motion to mitigate was timely filed with the clerk, but no hearing was scheduled and no action taken within 60 days after imposition of sentence. The trial judge correctly determined that, therefore, the court lacked jurisdiction pursuant to Florida Rule of Criminal Procedure 3.800(c). See Grosse v. State, 511 So.2d 688 (Fla. 4th DCA 1987).

Petition for writ of certiorari is denied.

GUNTHER and STEVENSON, JJ., concur.

Case Details

Case Name: Hussey v. State

Court Name: District Court of Appeal of Florida

Date Published: Jul 7, 1999

Citations: 739 So. 2d 123; 1999 WL 454510; 99-0984

Docket Number: 99-0984

Court Abbreviation: Fla. Dist. Ct. App.