ARTHUR JAMES ROYAL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
As the trial court’s exercise of discretion in ruling on a motion for mitigation pursuant to Florida Rule of Criminal Procedure 3.800(c) is not subject to review on appeal, the appeal is dismissed. See Lusskin v. State, 717 So. 2d 1076, 1077 (Fla. 4th DCA 1998); Moya v. State, 668 So. 2d 279, 280 (Fla. 2d DCA 1996); Bourjolly v. State, 623 So. 2d 870 (Fla. 3d DCA 1993). However, points I and II of the motion to mitigate raise claims of ineffective assistance of counsel and a constitutional challenge to his sentencing. The dismissal of this appeal is without prejudice to appellant to file a motion under Florida Rule of Criminal Procedure 3.850. We express no view on the merits of any such motion.
Appeal dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Swett, 772 So. 2d 48 (Fla. 5th DCA 2000)…unsuccessful appeal. As to appellate review, the denial of a motion to reduce a legal sentence is generally not reviewable since the trial court’s ruling is purely discretionary. See State v. Baca, 707 So. 2d 766 (Fla. 2d DCA 1998); Royal v. State, 736 So. 2d 157 (Fla. 3d DCA 1999).3 We deal here, however, [*51] with the granting of a motion to mitigate. While there is no express reference in Florida Rule of Appellate Procedure 9.140(c)(1), which deals with appeals by the state, of review of orders granting…
-
Adams v. State, 800 So. 2d 741 (Fla. 5th DCA 2001)…PER CURIAM. As the trial court’s exercise of discretion in ruling on a motion for mitigation pursuant to Florida Rule of Criminal Procedure 3.800(c) is not subject to review on appeal, the appeal is dismissed. See Royal v. State, 736 So. 2d 157 (Fla. 3d DCA 1999) and Lusskin v. State, 717 So. 2d 1076, 1077 (Fla. 4th DCA 1998). APPEAL DISMISSED. HARRIS, PALMER and ORFINGER, R.B., JJ., concur.…
-
Tracey v. Lewis, 778 So. 2d 537 (Fla. 3d DCA 2001)…PER CURIAM. As the merits of an order denying a motion to mitigate sentence under Florida Rule of Criminal Procedure 3.800(c) are not subject to appellate review, the appeal is dismissed. See Royal v. State, 736 So. 2d 157 (Fla. 3d DCA 1999).…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Moya v. State, 668 So. 2d 279 (Fla. 2d DCA 1996)
- Lusskin v. State, 717 So. 2d 1076 (Fla. 4th DCA 1998)
- Bond v. State, 717 So. 2d 1076 (Fla. 5th DCA 1998)
- Bourjolly v. State, 623 So. 2d 870 (Fla. 3d DCA 1993)
- Roberts v. State, 623 So. 2d 870 (Fla. 3d DCA 1993)