Abreu v. State

In Abreu v. State, 660 So. 2d 703 (Fla. 1995), a motion to mitigate the sentence was filed under the earlier rule 3.800(b), and at the same time, in preparation for the expiration of the sixty-day time period, a motion for extension of time was also filed. The trial court allowed these motions and began the hearing prior to the expiration of the sixty-day period, but recessed and did not finish the hearing until after the expiration of the sixty-day time period. The trial court resentenced the defendant according to the new mitigation. However, the district court quashed the order, holding that the trial court was without jurisdiction to enter the mitigation order after the expiration of the sixty-day time period prescribed by rule 3.800(b). In quashing the district court's decision this Court stated: The Florida Rules of Criminal Procedure are designed to promote justice and equity while also allowing for the efficient operation of the judicial system. We see no reason why the provisions of rule 3.050 should not be applied to rule 3.800. We hold that the sixty-day period in rule 3.800(b) may be extended pursuant to rule 3.050, providing the matter is resolved within a reasonable time. Although repeated extensions of the sixty-day time limit would violate separation of powers principles, that is not what happened in this case. The judge obviously believed that it was in the interest of justice to consider the record more fully and to allow the newly appointed counsel time to prepare for the hearing. Moreover, the judge used due diligence in conducting the mitigation proceedings and entered an order on the motion with reasonable dispatch. (Abreu, 660 So. 2d at 704-05.)