PHILIP DAVID HUNKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PHILIP DAVID HUNKER, APPELLANT,
STATE OF FLORIDA, APPELLEE
397 So. 2d 934
Florida District Court of Appeal, Fifth District (1981)
Positive Treatment
Cited by 2 cases
Opinion of the Court
•COWART, Judge.
An order denying a petition for reduction or modification of sentence under Florida Rule of Criminal Procedure 3.800(b) is discretionary and not appealable. Suggs v. State, 358 So. 2d 897 (Fla. 2nd DCA 1978); Hallman v. State, 343 So. 2d 912 (Fla.2d DCA 1977), aff’d, 371 So. 2d 482 (Fla.1979).
Accordingly, this appeal is
DISMISSED.
DAUKSCH, C. J., and FRANK D. UP-CHURCH, Jr., J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sudol v. State, 29 So. 3d 1155 (Fla. 5th DCA 2010)…under Florida Rule of Criminal Procedure 3.800(c) granting a motion for reduction and modification of a sentence. As such an order is not appealable, we dismiss this appeal. See Jackson v. State, 936 So. 2d 775 (Fla. 5th DCA 2006); Hunker v. State, 397 So. 2d 934 (Fla. 5th DCA 1981). Moreover, if this had been an appeal from a judgment and sentence, we would have affirmed inasmuch as the sentence issued conforms to the plea bargain and is legal. DISMISSED. MONACO, C.J., SAWAYA and JACOBUS, JJ., concur.…
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Hancock v. Brumer, 580 So. 2d 782 (Fla. 3d DCA 1991)…dence to explain the parties’ interpretation of the contract provision. See Vienneau v. Metropolitan Life Ins. Co., 548 So. 2d 856, 859 (Fla. 4th DCA 1989); Joseph U. Moore, Inc. v. Howard, 534 So. 2d 935, 936 (Fla. 2d DCA 1988); Morales v. Morales, 397 So. 2d 934, 935 (Fla. 3d DCA), rev. denied, 411 So. 2d 383 (Fla.1981); Rock-Weld Corp. of P.R. v. Rock-Weld Equip. Corp. of Fla., 184 So. 2d 186, 187 (Fla. 3d DCA 1966). Therefore, we find that the trial court erred in finding that parol evidence was inadmissi…
Authorities Cited
- Hallman v. State, 371 So. 2d 482 (Fla. 1979)
- Hallman v. State, 343 So. 2d 912 (Fla. 2d DCA 1977)
- Suggs v. State, 358 So. 2d 897 (Fla. 2d DCA 1978)
- THE Florida BAR v. Lewis, 358 So. 2d 897 (Fla. 1st DCA 1978)