Griggs v. State

PER CURIAM.

As the trial court dismissed the appellant’s rule 3.800(c) for lack of jurisdiction, we treat the notice of appeal as a petition for certiorari. See Davis v. State, 745 So.2d 499 (Fla. 1st DCA 1999). We deny the petition, however, because the appellant did not file his motion to mitigate within the 60-day time period provided by Florida Rule of Criminal Procedure 3.800(c).

BARFIELD, C.J., WEBSTER and VAN NORTWICK, JJ., CONCUR.