Smith v. State

Christine Smith petitions for a writ of certiorari to quash the dismissal of her motion to mitigate her sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(c). Orders denying such relief are not reviewable by appeal, but we may review them under our certiorari jurisdiction. See Moya v. State, 668 So. 2d 279 (Fla. 2d DCA 1996). We conclude that this case warrants certiorari relief, and we grant the petition. The relevant dates in this case are undisputed. Smith was sentenced on October 12, 2001, after being found in violation of her probation. The probation revocation and resulting sentences were affirmed on appeal, Smith v. State, 835 So. 2d 1133 (Fla. 2d DCA 2002), and the mandate issued on December 18, 2002. Also on December 18, Smith filed a rule 3.800(c) motion to mitigate her sentence.