ANTON LEVON LEE, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Knafel v. State, 714 So. 2d 1195 (Fla. 2d DCA 1998)
  …Knafel appeals the trial court’s denial of his motion to mitigate his sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(c). This order is not appealable, and this appeal would customarily be subject to dismissal. See Lee v. State, 662 So. 2d 731 (Fla. 2d DCA 1995). The trial court’s authority to deny a modification or mitigation of a sentence is entirely discretionary. In his notice of appeal, however, Knafel raises a legal issue for which review might he; to-wit, whether a judge other than…
• Oser v. State, 699 So. 2d 844 (Fla. 4th DCA 1997)
  …1289 (Fla. 4th DCA 1989), we reaffirmed our earlier position in Adams v. State, 487 So. 2d 1209 (Fla. 4th DCA 1986), that orders denying motions to mitigate, such as that made here, were not appealable. Our companion courts agree. See Lee v. State, 662 So. 2d 731 (Fla. 2d DCA 1995); Bourjolly v. State, 623 So. 2d 870 (Fla. 3d DCA 1993); Daniels v. State, 568 So. 2d 63 (Fla. 1st DCA 1990). Accordingly, we sua sponte dismiss the appeal. KLEIN and PARIENTE, JJ., concur.…
• Baker v. State, 746 So. 2d 469 (Fla. 2d DCA 1997)
  …ify or mitigate his sentence pursuant to the 1996 version of Florida Rule of Criminal Procedure 3.800(b). Despite the trial court’s representation that he could appeal this order within thirty days, such an order is not appealable. See Lee v. State, 662 So. 2d 731 (Fla. 2d DCA 1995). Accordingly, the appeal is dismissed. DANAHY, A.C.J., and FRANK and ALTENBERND, JJ., concur.…

Authorities Cited

• Clark v. State, 414 So. 2d 640 (Fla. 5th DCA 1982)