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Mack v. State

Florida Court of Appeal, Fourth District

January 11, 2012

Donald J. MACK, Petitioner,
v.
STATE of Florida, Respondent.

Petition for writ of certiorari to the Circuit Court for the Nineteenth Judicial Circuit, Martin County; Sherwood Bauer, Jr., Judge; L.T. Case No. 432009-CF-1324.

Donald J. Mack, Avon Park, pro se.

Pamela Jo Bondi, Attorney General, Tallahassee, and Helene C. Hvizd, Assistant Attorney General, West Palm Beach, for respondent.

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., ...


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