Davis v. State
Cases that cite this one
39 later published cases cite this decision. The 25 that cite it most often are listed here.
- Dennis v. Secretary, Florida Department of Corrections (Duval County) (United States District Court for the Middle District of Florida 2025)
- Ward v. State (Fla. Dist. Ct. App. 2003)
- Johnson v. State (Fla. Dist. Ct. App. 2001)
- Holiday v. State (Fla. Dist. Ct. App. 2001)
- Wright v. Secretary, Florida Department of Corrections (Putnam County) (United States District Court for the Middle District of Florida 2024)
- Taylor v. State (Fla. Dist. Ct. App. 2015)
- Hodges v. State (Fla. Dist. Ct. App. 2013)
- Woodall v. State (Fla. Dist. Ct. App. 2011)
- Winslow v. State (Fla. Dist. Ct. App. 2010)
- Eberheart v. State (Fla. Dist. Ct. App. 2009)
- Bell v. State (Fla. Dist. Ct. App. 2009)
- Brander v. State (Fla. Dist. Ct. App. 2008)
- Del Valle v. State (Fla. Dist. Ct. App. 2007)
- Prim v. State (Fla. Dist. Ct. App. 2007)
- Pruitt v. State (Fla. Dist. Ct. App. 2006)
- Platt v. State (Fla. Dist. Ct. App. 2004)
- Parker v. State (Fla. Dist. Ct. App. 2004)
- Pryor v. State (Fla. Dist. Ct. App. 2004)
- Bivins v. State (Fla. Dist. Ct. App. 2004)
- Platt v. State (Fla. Dist. Ct. App. 2004)
- Riggs v. State (Fla. Dist. Ct. App. 2003)
- Atkins v. State (Fla. Dist. Ct. App. 2003)
- Ebsary v. State (Fla. Dist. Ct. App. 2003)
- Pitts v. State (Fla. Dist. Ct. App. 2003)
- Concepcion v. State (Fla. Dist. Ct. App. 2003)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Lee A. DAVIS, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, First District.
Appellant, pro se.
Robert A. Butterworth, Attorney General, Tallahassee, for Appellee.
PER CURIAM.
Appellant, Lee A. Davis, appeals the trial court's denial of his Motion to Reduce or Modify Sentence. The trial court denied the motion, holding it lacked jurisdiction because the motion was not filed within 60 days after Appellant was sentenced. We reverse.
A trial court's order denying, on the merits, a Florida Rule of Criminal Procedure 3.800(c) motion to mitigate sentence is not appealable. Mitchell v. State, 719 So.2d 1258 (Fla. 1st DCA 1998). However, an appellate court may exercise its certiorari jurisdiction to review a case where the motion was denied for, among other reasons, lack of jurisdiction based on the motion's untimeliness. Brown v. State, 707 So.2d 1191 (Fla. 2d DCA 1998); Roauer v. State, 697 So.2d 1303 (Fla. 2d DCA 1997).
The record reveals Appellant timely filed a Motion to Enlarge Time, requesting an extension of time to March 25, 1999, in which to file a Motion for Modification or Reduction of Sentence. The trial court entered an order granting the motion and extended the time as requested. See Fla. R. Crim P. 3.050. Appellant filed his motion on March 24, 1999. Thus, the trial court had jurisdiction to consider the motion on the merits. Sullivan v. State, 677 So.2d 68 (Fla. 1st DCA 1996). The trial court's failure to do so constitutes a departure from the essential requirements of law. Moya v. State, 668 So.2d 279 (Fla. 2d DCA 1996).
REVERSED and REMANDED for consideration of Appellant's motion on the merits.
ALLEN, BENTON and BROWNING, JJ., CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.