MICHAEL CLAY ALEXANDER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Appellant has filed an untimely appeal from the trial court’s denial of his Motion for Sentence Modification. In this motion, appellant seeks a reduction of a legal sentence. It is well settled that a trial judge’s discretionary ruling on whether to modify or reduce a legal sentence is not appeal-able. Davenport v. State, 414 So. 2d 640 (Fla. 1st DCA 1982); Marsh v. State, 497 So. 2d 954 (Fla. 1st DCA 1986); Hallman v. State, 371 So. 2d 482, 484 (Fla.1979), affirming 343 So. 2d 912 (Fla. 2d DCA 1977); Parker v. State, 214 So. 2d 632 (Fla. 2d DCA 1968); Fla.R.Crim.P. 3.800(b); § 924.06, Fla.Stat. (1987). Accordingly, this appeal is DISMISSED.
SHIVERS, C.J., and ERVIN and NIMMONS, JJ., concur.
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Williams v. State, 874 So. 2d 596 (Fla. 5th DCA 2004)…PER CURIAM. DISMISSED. See Salser v. State, 582 So. 2d 12 (Fla. 5th DCA 1991),rev. dismissed, 613 So. 2d 471 (Fla.1993); see also Bourjolly v. State, 623 So. 2d 870 (Fla.3d DCA 1993); Alexander v. State, 553 So. 2d 312 (Fla. 1st DCA 1989). PETERSON, THOMPSON and PALMER, JJ., concur.…
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Carter v. State, 608 So. 2d 562 (Fla. 1st DCA 1992)…m an order of the trial court denying his motion for reduction or modification of a legal sentence, pursuant to Rule 3.800(b), Florida Rules of Criminal Procedure. An order denying a motion pursuant to this rule is nonappealable. Alexander v. State, 553 So. 2d 312 (Fla. 1st DCA 1989). However, we elect to treat the appeal as a petition for writ of certiorari, Dominguez v. State, 556 So. 2d 499 (Fla. 1st DCA 1990), and deny it. Carter pled nolo contendere to several counts of robbery and the trial court impos…
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Copeland v. State, 553 So. 2d 384 (Fla. 1st DCA 1989)…bert v. State, 545 So. 2d 838 (Fla.1989); Franklin v. State, 545 So. 2d 851 (Fla.1989). Additionally, the trial court erred by failing to give appellant credit for all earned gain-time. See Green v. State, 547 So. 2d 925 (Fla.1989); Melvin v. State, 553 So. 2d 312 (Fla. 1st DCA 1989). AFFIRMED in part, and REVERSED in part, and REMANDED for the purpose of [*385] resentencing appellant either within the guidelines range or within the one-cell bump-up, with appropriate credit to be allowed for all previously…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hallman v. State, 371 So. 2d 482 (Fla. 1979)
- Hallman v. State, 343 So. 2d 912 (Fla. 2d DCA 1977)
- Clark v. State, 414 So. 2d 640 (Fla. 5th DCA 1982)
- Parker v. State, 214 So. 2d 632 (Fla. 2d DCA 1968)
- Marsh v. State, 497 So. 2d 954 (Fla. 1st DCA 1986)