CHARLES LEE CLARK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1982-06-02
No. 81-1291
COBB and UPCHURCH, F., JJ., concur.
414 So. 2d 640 Florida District Court of Appeal, Fifth District (1982) Caution
Cited by 26 cases

Opinion of the Court
SHARP, Judge.

SHARP, Judge.

AFFIRMED.

See Brewer v. State, 413 So. 2d 1217 (Fla. 5th DCA 1982).

COBB and UPCHURCH, F., JJ., concur.


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Cited By (13 total)

  • Grosse v. State, 511 So. 2d 688 (Fla. 4th DCA 1987)
    …that this order denying a motion for reduction of sentence may not be appealable. Hallman v. State, 371 So. 2d 482, 484 (Fla.1979), affirming 343 So. 2d 912 (Fla. 2d DCA 1977); Smith v. State, 471 So. 2d 1347 (Fla. 2d DCA 1985); Davenport v. State, 414 So. 2d 640 (Fla. 1st DCA 1982); Ziegler v. State, 380 So. 2d 564 (Fla. 3d DCA 1980). The cases cited in the majority opinion are procedurally distinguishable from the instant case and do not involve appeals from such an order. For example, Mancil, Golden, and…
  • Dixon v. State, 616 So. 2d 61 (Fla. 3d DCA 1993)
    …nt to Rule 3.800(b) is ordinarily a nonappealable order, Hallman v. State, 371 So. 2d 482, 484 (Fla.1979), overruled on other grounds, Jones v. State, 591 So. 2d 911 (Fla.1991); Marsh v. State, 497 So. 2d 954 (Fla. 1st DCA 1986); Davenport v. State, 414 So. 2d 640 (Fla. 1st DCA 1982); Ziegler v. State, 380 So. 2d 564 (Fla. 3d DCA 1980), subject to limited exceptions not applicable here. See State v. Lapica-Falcon, 519 So. 2d 57, 58 (Fla. 2d DCA 1988). See generally The Florida Bar, Florida Appellate Practice…
  • Arnold v. State, 621 So. 2d 503 (Fla. 5th DCA 1993)
    …e date the suspension sentence was corrected. Ordinarily, an order denying a motion to reduce sentence is not appealable because the trial court’s ruling is discretionary. See Daniels v. State, 568 So. 2d 63 (Fla. 1st DCA 1990); Davenport v. State, 414 So. 2d 640 (Fla. 1st DCA 1982). Under some circumstances, however, the court may treat the appeal as a petition for writ of certiorari. See State v. Rhodes, 554 So. 2d 1229 (Fla. 2d DCA 1990). In Marsh v. State, 497 So. 2d 954 (Fla. 1st DCA 1986), the court tr…

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