STATE OF FLORIDA, APPELLANT,
v.
PATRICK RICHARS, APPELLEE
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The appellate court dismissed the State's appeal because the trial court's reduction of a conviction to a lesser included offense under Rule 3.620, Florida Rules of Criminal Procedure, is not an appealable order under the relevant statute.
The defendant, convicted of robbery, moved for a new trial or reduction of conviction. The trial court denied the new trial but reduced the conviction…
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PER CURIAM.
The State appeals the order granting the Defendant’s motion to reduce his conviction from robbery to the lesser included offense of resisting a merchant. However, because there is no basis upon which this Court can assert jurisdiction, we dismiss the appeal.
After being found guilty of robbery, the Defendant filed a motion for new trial or, in the alternative, a motion for reduction of his conviction from robbery to the lesser included offenses of petit theft or resisting a merchant. The trial court denied the motion for new trial, but reduced the Defendant’s conviction to resisting a merchant pursuant to Rule 3.620, Florida Rules of Criminal Procedure.
Section 924.07, Florida Statutes (2000), sets forth what the state can appeal. It does not authorize an appeal from an order granting a motion under rule 3.620.
The State argues that this Court has jurisdiction because the trial court’s reduction to a lesser included offense was tantamount to granting a judgment of acquittal pursuant to Rule 9.140(c)(1)(D), Florida Rules of Appellate Procedure. We disagree.
The trial court’s ruling on a rule 3.620 motion does not result in an acquittal, only in a conviction of a lesser offense. Because the State’s right to appeal is purely statutory, and section 924.07 does not authorize an appeal from this order, we have no jurisdiction. See State v. Allen, 743 So. 2d 532 (Fla. 1st DCA 1997).
DISMISSED FOR LACK OF JURISDICTION.
GUNTHER, KLEIN and HAZOURI, JJ., concur.
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Exposito v. State, 891 So. 2d 525 (Fla. 2004)…District Court of Appeal answered this question in the affirmative. See State v. Exposito, 854 So. 2d 674, 675 (Fla. 3d DCA 2003). However, the Third District certified conflict with the Fourth District Court of Appeal decision in State v. Richars, 792 So. 2d 570, 571 (Fla. 4th DCA 2001).1 Based on the plain language of the statute, we hold that section 924.07 does not authorize a State appeal from a post-trial order reducing a charge. FACTS AND PROCEDURAL HISTORY In 1999, the Legislature reduced the statu…
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State v. Jarvis Gerrard Green, 149 So. 3d 1146 (Fla. 2d DCA 2014)…burglary of an unoccupied dwelling is not an offense that necessarily includes trespass, and Green’s charge was not divided into degrees, rule 3.620 is inapplicable. Green points out that in Expósito the court explicitly approved State v. Richars, 792 So. 2d 570 (Fla. 4th DCA 2001). See Expósito, 891 So. 2d at 531. In Richars, the Fourth District dismissed an appeal from the grant of relief under rule 3.620 as concluding that it lacked jurisdiction. Ric-hars, 792 So. 2d at 571. Richars, like this case, resu…
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State v. Exposito, 854 So. 2d 674 (Fla. 3d DCA 2003)…to challenges the State’s right to this appeal. Expósito argues that this court has no jurisdiction as section 924.07, Florida Statutes (2000) does not authorize an appeal by the State from a reduction of charge. Expósito relies on State v. Richars, 792 So. 2d 570 (Fla. 4th DCA 2001). Therein, the Fourth District Court of Appeal held that section 924.07, Florida Statutes (2000) does not authorize an appeal from an order granting a motion to reduce a charge under rule 8.670, Florida Rules of Criminal Procedure…1 / 2
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- A.L. v. State, 743 So. 2d 532 (Fla. 1st DCA 1997)
- State v. Jasper Allen, III, 743 So. 2d 532 (Fla. 1st DCA 1997)