Florida District Courts of Appeal, 2012

MacK v. State

MacK v. State
Florida District Courts of Appeal · Decided January 11, 2012 · Levine, Stevenson, Warner
78 So. 3d 56; 2012 Fla. App. LEXIS 177; 2012 WL 75193 (Southern Reporter, Third Series)

MacK v. State

Opinion

PER CURIAM.

Donald Mack sought appellate review of an order striking his motion to reduce his sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(c). We treat the appeal as a petition for certiorari and grant relief based on Schlabach v. State, 37 So.3d 230 (Fla. 2010). See also In re Amendments to Florida Rule of Criminal Procedure 3.800(c), 76 So.3d 913 (Fla. 2011). Consequently, we quash the order and remand the matter for the trial court to consider the merits of Mack’s motion.

Petition Granted; Order Quashed; Remanded.

WARNER, STEVENSON and LEVINE, JJ., concur.

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