Florida District Courts of Appeal, 2002

Moye v. State

Moye v. State
Florida District Courts of Appeal · Decided January 23, 2002 · Lewis, Polston, Webster
805 So. 2d 1057; 2002 Fla. App. LEXIS 378; 2002 WL 83761 (Southern Reporter, Second Series)

Moye v. State

Opinion of the Court

PER CURIAM.

The appellant filed a motion in the trial court purportedly pursuant to Florida Rule of Criminal Procedure 3.800(b). The trial court treated the motion as a motion for modification of sentence under Rule 3.800(c), and denied the motion as untimely. The appellant challenges this ruling. We treat the appellant’s notice of appeal as a petition for certiorari and deny the petition. See Davis v. State, 745 So.2d 499 (Fla. 1st DCA 1999).

WEBSTER, LEWIS and POLSTON, JJ., concur.

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