WILLIE R. DIXON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Appeal dismissed for lack of appellability because an order denying a Rule 3.800(b) motion to reduce sentence is ordinarily nonappealable absent limited exceptions not present here.
An order denying a motion to reduce a legal sentence under Florida Rule of Criminal Procedure 3.800(b) is ordinarily nonappealable.
[1] An order declining to exercise discretion to reduce a legal sentence pursuant to Florida Rule of Criminal Procedure 3.800(b) is ordinarily nonappealable absent limited ex…
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Join FLexlaw to unlock all legal intelligenceWillie R. Dixon filed a timely motion for mitigation of his sentence under Florida Rule of Criminal Procedure 3.800(b), which the trial court denied.…
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PER CURIAM.
On the court’s own motion the appeal is dismissed for want of an appealable order. Willie R. Dixon filed a timely motion for mitigation of his sentence under Florida Rule of Criminal Procedure 3.800(b), which the trial court denied. An order declining to exercise discretion to reduce a legal sentence pursuant 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 § 4.2 (2d ed. 1986); The Florida Bar, Florida Criminal Rules and Practice, Rule 3.800 Commentary; Philip J. Padovano, Florida Appellate Practice, Suppl. §§ 20.11, 20.27 (1988). We decline to treat the appeal as a petition for certiorari. See Marsh.
This ruling is without prejudice to Dixon to refile his constitutional claims in a motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. Further, Dixon may in such motion assert such claim for relief as he may have under the Florida Supreme Court’s recent decision in State v. Johnson, 616 So. 2d 1 (Fla.1993).
Appeal dismissed.
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jones v. State, 591 So. 2d 911 (Fla. 1991)
- State v. Johnson, 616 So. 2d 1 (Fla. 1993)
- Hallman v. State, 371 So. 2d 482 (Fla. 1979)
- Ziegler v. State, 380 So. 2d 564 (Fla. 3d DCA 1980)
- Clark v. State, 414 So. 2d 640 (Fla. 5th DCA 1982)
- Marsh v. State, 497 So. 2d 954 (Fla. 1st DCA 1986)
- State v. Lapica-Falcon, 519 So. 2d 57 (Fla. 2d DCA 1988)