Howard v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the trial court lacked jurisdiction to rule on a 3.800(c) motion filed one day late
• noting that Howard’s trial motion to mitigate his sentence was untimely, thus divesting the trial court with jurisdiction to address the motion, and an order denying a motion to mitigate a sentence is a non-appealable order
• “[W]e would advise the trial court that the routine language in its order that the defendant has the right to appeal this denial of a rule 3.800(c) motion is incorrect and should be eliminated. There is no right of appeal of those orders.”
• \[W]e would advise the trial court that the routine language in its order that the defendant has the right to appeal this denial of a rule 3.800(c) motion is incorrect and should be eliminated. There is no right of appeal of those orders.\
• “Keith Howard appeals an order denying his motion to mitigate his sentence. Such an order is not appealable, but we treat this as a petition for writ of certiorari, because the denial was based on lack of jurisdiction due to the motion’s untimeliness.” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Cited by

15 cases in this archive cite this case.

• Graham v. State
  District Court of Appeal of Florida· 2009-12-31· cited 6×
• Mowatt v. State
  District Court of Appeal of Florida· 2007-08-22· cited 6×
• Barrington v. State
  District Court of Appeal of Florida· 2010-10-25· cited 4×
• Falco v. State
  District Court of Appeal of Florida· 2010-09-15· cited 3×
• Brown v. State
  District Court of Appeal of Florida· 2007-04-25· cited 2×
• Reeves v. State
  District Court of Appeal of Florida· 2009-12-30· cited 1×
• Petrarca v. State
  District Court of Appeal of Florida· 2008-06-18
• Edwards v. State
  District Court of Appeal of Florida· 2011-01-28
• Montesino v. State
  District Court of Appeal of Florida· 2017-06-14
• GREGORY KAMAL WALKER v. State
  District Court of Appeal of Florida· 2020-12-16
• Pawley v. State
  District Court of Appeal of Florida· 2016-05-25
• Sleem v. State
  District Court of Appeal of Florida· 2011-12-21
• State v. Stewart
  District Court of Appeal of Florida· 2012-09-21
• Anderson v. State
  District Court of Appeal of Florida· 2007-04-11
• Andrew James Jones v. State of Florida
  District Court of Appeal of Florida· 2025-06-04

Cites

6 cases in this archive are cited by this case.

• Haag v. State
  Supreme Court of Florida· 1992-01-02· cited 187×
• Moya v. State
  District Court of Appeal of Florida· 1996-02-16· cited 25×
• Oser v. State
  District Court of Appeal of Florida· 1997-10-01· cited 14×
• Brantley v. Holloway
  District Court of Appeal of Florida· 1996-12-04· cited 13×
• Lancaster v. State
  District Court of Appeal of Florida· 2002-07-17· cited 9×
• Lowery v. State
  District Court of Appeal of Florida· 2005-10-11· cited 1×