RALPH OSER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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GLICKSTEIN, Judge.
In 1997, appellant filed a motion in the trial court to mitigate his sentence. Although he referred to rule 3.800(b), Florida Rule of Criminal Procedure 3.800, said paragraph is now (c). Amendments to Florida Rule of Appellate Procedure 9.020(g) & Florida Rule of Criminal Procedure 3.800, 675 So. 2d 1374 (Fla.1996). The change became effective July 1, 1996. In Johnson v. State, 543 So. 2d 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Eulo v. State, 786 So. 2d 43 (Fla. 4th DCA 2001)…al from that order as well as the sentence. We first address a jurisdictional problem raised by the state which is that the order denying the rule 3.800(c) motion to mitigate is not appealable. We agree with the state that it is not. Oser v. State, 699 So. 2d 844 (Fla. 4th DCA 1997). The notice of appeal, however, was also directed to the sentence, which is appealable.1 The essence of appellant’s argument is that the plea which she bargained for was 180 days incarceration if she showed up after her furlough…
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Burgos v. State, 765 So. 2d 967 (Fla. 4th DCA 2000)…ot subject to appellate review, ... and, even more plainly, by those cases which hold that no appeal may be taken from the denial of a motion for a reduction of sentence filed under Fla. R.Crim. P. 3.800. Id. (citations omitted). See Oser v. State, 699 So. 2d 844, 845 (Fla. 4th DCA 1997) (noting “orders denying motions to mitigate ... [are] not appealable”); Clewis v. State, 715 So. 2d 1129, 1129 (Fla. 3d DCA 1998) (holding order denying motion for reduction of sentence under Rule 3.800 is not appealable).…
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Riggs v. State, 847 So. 2d 1037 (Fla. 1st DCA 2003)…stakenly basing the denial on a finding of untimeliness. The State correctly notes that an order denying a motion to mitigate sentence is not a directly appealable order. See, e.g., Zamora v. State, 810 So. 2d 1043 (Fla. 3d DCA 2002); Oser v. State, 699 So. 2d 844 (Fla. 4th DCA 1997); Lee v. State, 662 So. 2d 731 (Fla. 2d DCA 1995); Daniels v. State, 568 So. 2d 63 (Fla. 1st DCA 1990) (dismissing based on finding that district court lacked jurisdiction to review order denying mitigation or reduction of sentenc…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
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- Amendments TO Fla. Rule OF App. Procedure 9.020(g) & Fla. Rule OF Crim. Procedure 3.800, 675 So. 2d 1374 (Fla. 1996)
- PIA Psychiatric Hosps., Inc. v. State, 568 So. 2d 63 (Fla. 1st DCA 1990)
- Adams v. State, 487 So. 2d 1209 (Fla. 4th DCA 1986)
- Johnson v. State, 543 So. 2d 1289 (Fla. 4th DCA 1989)
- Bourjolly v. State, 623 So. 2d 870 (Fla. 3d DCA 1993)
- Roberts v. State, 623 So. 2d 870 (Fla. 3d DCA 1993)
- Anton Levon LEE v. State, 662 So. 2d 731 (Fla. 2d DCA 1995)
- Forney v. State, 662 So. 2d 731 (Fla. 2d DCA 1995)