ANTHONY ADAMS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (18 total)

• Williams v. State, 907 So. 2d 1224 (Fla. 5th DCA 2005)
  …e drug and other rehabilitation programs and that his family needs his financial support. The trial court declined to mitigate his sentence. The trial court’s denial of a Rule 3.800(c) motion to mitigate is not appealable. See, e.g., Adams v. State, 800 So. 2d 741 (Fla. 5th DCA 2001). Thus, to the extent that Williams seeks appellate review of the trial court’s disposition of his claim under Rule 3.800(c), we dismiss his appeal. Accordingly, we AFFIRM in part and DISMISS in part. SHARP, W., and THOMPSON, JJ…
• Wilson v. State, 846 So. 2d 1220 (Fla. 5th DCA 2003)
  …timely. See Fla. R.App. P. 9.140(3); Downs v. State, 700 So. 2d 789 (Fla. 2d DCA 1997). Even if the notice had been timely filed, we note that an order denying a defendant’s motion to mitigate sentence is a non-appeal-able order. See Adams v. State, 800 So. 2d 741 (Fla. 5th DCA 2001). DISMISSED. THOMPSON, C.J., SAWAYA and MONACO, JJ., concur.…
• Graham v. State, 24 So. 3d 781 (Fla. 5th DCA 2009)
  …or modify to include any of the provisions of chapter 948, Florida Statutes, a legal sentence imposed by it within 60 days after [its] imposition.... ” The denial of a rule 3.800(c) order is not appealable when decided on the merits. Adams v. State, 800 So. 2d 741 (Fla. 5th DCA 2001). However, when the basis for denial was a lack of jurisdiction, certiorari is proper for purposes of challenging that ruling. See Eberheart v. State, 5 So. 3d 791 (Fla. 5th DCA 2009); Ukaj v. State, 969 So. 2d 1172 (Fla. 5th DCA…

Authorities Cited

• Lusskin v. State, 717 So. 2d 1076 (Fla. 4th DCA 1998)
• Bond v. State, 717 So. 2d 1076 (Fla. 5th DCA 1998)
• Royal v. State, 736 So. 2d 157 (Fla. 3d DCA 1999)
• Glossy Bruce Joseph v. State, 736 So. 2d 157 (Fla. 3d DCA 1999)