MACK MCRAE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1981-04-01
No. 80-585
DAUKSCH, C. J., and SHARP, J., concur.
397 So. 2d 934 Florida District Court of Appeal, Fifth District (1981) Positive Treatment
Cited by 2 cases

Opinion of the Court
COWART, Judge.

COWART, Judge.

A judgment and sentence based on a guilty plea is normally not appealable.

See § 924.06(3), Fla.Stat. (1979); Fla.R.App.P. 9.140(b); Robinson v. State, 373 So. 2d 898 (Fla.1979); Counts v. State, 376 So. 2d 59 (Fla.2d DCA 1979).

The appeal is

DISMISSED.

DAUKSCH, C. J., and SHARP, J., concur.


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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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