Bacchus v. State
Cases that cite this one
6 later published cases cite this decision.
- Schlabach v. State (Fla. 2010)
- La Tissha M. Johnson v. State of Florida (Fla. Dist. Ct. App. 2018)
- Johnson v. State (Fla. Dist. Ct. App. 2018)
- Jones v. State (Fla. Dist. Ct. App. 2009)
- Brinson v. State (Fla. Dist. Ct. App. 2008)
- Collins v. State (Fla. Dist. Ct. App. 2007)
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
Marvin BACCHUS, Petitioner,
v.
STATE of Florida, Respondent.
District Court of Appeal of Florida, First District.
*1017 Marvin Bacchus, pro se, Petitioner.
Bill McCollum, Attorney General, and Betty Cheramie, Assistant Attorney General, Tallahassee, for Respondent.
PER CURIAM.
Petitioner seeks certiorari review of the trial court's denial of his motion for mitigation of sentence pursuant to Florida Rule of Criminal Procedure 3.800(c). The trial court denied the Petitioner's motion on the mistaken belief that it no longer had jurisdiction to rule. Because the motion was filed within 60 days of the date that mandate issued in the Petitioner's direct appeal, the motion was timely. See Fla. R.Crim. P. 3.800(c). Therefore, the trial court had jurisdiction to consider petitioner's motion, and its failure to do so is a departure from the essential requirements of the law. Atkins v. State, 851 So.2d 829 (Fla. 1st DCA 2003).
Accordingly, we grant the petition for writ of certiorari, vacate the order denying petitioner's rule 3.800(c) motion for lack of jurisdiction, and remand with directions to consider petitioner's motion on its merits.
BARFIELD, KAHN, and PADOVANO, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.