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Florida District Courts of Appeal, 2002

McSwain v. State

McSwain v. State
Florida District Courts of Appeal · Decided July 23, 2002 · Browning, Lewis, Polston
824 So. 2d 225; 2002 Fla. App. LEXIS 10240; 2002 WL 1610068 (Southern Reporter, Second Series)

McSwain v. State

Opinion of the Court

PER CURIAM.

The appellant filed a motion in the trial court pursuant to Florida Rule of Criminal Procedure 3.800(c). The trial court denied the motion as untimely. 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).

BROWNING, LEWIS and POLSTON, JJ. concur.

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