On September 11th, 2025, in the 20th Circuit Court (trial court) Costello filed a Second Amended Motion to Correct an Illegal Sentence. This motion clearly shows that Costello was never actually charged with, or convicted of a crime. The sentences on both counts are illegal. This motion can be filed at any time. i.e. no one can time bar the motion.
The original motion was filed June 30, 2025, which started the time clock. The judge normally has 60 days to rule on such a key motion. At the time this article was written, the court was more than 75 days since the original motion was filed.