JOSHUA T. BAKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1997-09-19
No. 97-03574
DANAHY, A.C.J., and FRANK and ALTENBERND, JJ., concur.
746 So. 2d 469 Florida District Court of Appeal, Second District (1997) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Joshua T. Baker appeals an order denying his motion to modify 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.


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  • State v. Springer, 965 So. 2d 270 (Fla. 5th DCA 2007)
    …ng the trial court to prohibit any sex offender on probation from living within 1,000 feet of a playground dr other place where children congregate. As Mr. Springer correctly points out, the trial court’s order is not appealable. See Baker v. State, 746 So. 2d 469 (Fla. 2d DCA 1997). It is, however, subject to review under this Court’s certiorari jurisdiction. See Werner v. State, 843 So. 2d 1039, 1040 (Fla. 2d DCA 2003). Accordingly, we treat this matter as a petition for writ of certiorari and grant the pet…
  • Wesner v. State, 843 So. 2d 1039 (Fla. 2d DCA 2003)
    …SILBERMAN, Judge. Albert Wesner appeals the denial of his motion for modification of probation. The [*1040] trial court’s order is not appealable, see Baker v. State, 746 So. 2d 469 (Fla. 2d DCA 1997), but it is subject to review under this court’s certiorari jurisdiction. See Moya v. State, 668 So. 2d 279, 280 (Fla. 2d DCA 1996); Smith v. State, 471 So. 2d 1347, 1348 (Fla. 2d DCA 1985), approved sub nom. Abreu v. State, 660 So…
  • Sirmons v. State, 775 So. 2d 389 (Fla. 2d DCA 2000)
    …CURIAM. Sandra Sirmons appeals the trial court’s order denying, on its merits, her motion for reduction or modification of sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(c). Such an order is not appealable. See Baker v. State, 746 So. 2d 469 (Fla. 2d DCA 1997); Lee v. State, 662 [*390] So. 2d 731 (Fla. 2d DCA 1995). Accordingly, the appeal is dismissed. Dismissed. CAMPBELL, A.C.J., and BLUE and STRINGER, JJ., Concur.…

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