Florida District Courts of Appeal, 2017

Kleintank v. State

Kleintank v. State
Florida District Courts of Appeal · Decided March 3, 2017 · Berger, Jacobus, Orfinger
211 So. 3d 1142; 2017 WL 836613; 2017 Fla. App. LEXIS 2849 (Southern Reporter, Third Series)

Kleintank v. State

Opinion of the Court

ON CONCESSION OF ERROR

PER CURIAM.

Pursuant to Respondent’s concession of error, we grant the petition for writ of certiorari and quash the order of the trial court denying Petitioner’s Florida Rule of Criminal Procedure 3.800(c) motion for reduction or modification of sentence. On remand, the trial court is directed to consider the motion on the merits. See Manspeaker v. State, 90 So.3d 998, 998 (Fla. 1st DCA 2012).

PETITION GRANTED.

ORFINGER and BERGER, JJ., and JACOBUS, B.W., Senior Judge, concur

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