Pruitt v. State (932 So. 2d 617, 2006)

PER CURIAM.

As the state correctly concedes, petitioner’s motion for reduction or modification of sentence pursuant to Florida Rule of Criminal Procedure 3.800(c) was timely filed. Accordingly, contrary to its order, the trial court did possess jurisdiction to consider the merits of that motion. The state also correctly concedes that the trial court’s order constitutes a departure from the essential requirements of law, entitling petitioner to the writ of certiorari he seeks. See, e.g., Davis v. State, 745 So.2d 499 (Fla. 1st DCA 1999). The petition seeking a writ of certiorari is granted; the trial court’s order denying petitioner’s rule 3.800(c) motion for lack of jurisdiction is quashed; and the case is remanded for further proceedings.

PETITION FOR WRIT OF CERTIO-RARI GRANTED.

ERVIN, WEBSTER, and THOMAS, JJ., Concur.