WYNYARD A. MCDONALD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2003-03-13
No. 1D03-0161
ERVIN, WOLF and VAN NORTWICK, JJ., concur.
840 So. 2d 371 Florida District Court of Appeal, First District (2003) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Having considered the appellant’s response to this Court’s order to show cause, dated February 6, 2003, we dismiss for lack of jurisdiction. The appellant appeals the denial on the merits of her rule 3.800(c) motion to reduce or modify her sentence. A claim brought pursuant to rule 3.800(c) is not appealable on the merits because it is a discretionary determination made by the trial court. Jolly v. State, 803 So. 2d 846, 846 (Fla. 1st DCA 2001); Daniels v. State, 568 So. 2d 63(Fla. 1st DCA 1990); Shannon v. State, 765 So. 2d 847, 848 (Fla. 4th DCA 2000).

DISMISSED.

ERVIN, WOLF and VAN NORTWICK, JJ., concur.


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  • Staveley v. State, 866 So. 2d 1239 (Fla. 5th DCA 2004)
    …e the motion to mitigate was untimely filed. WRIT DENIED. SAWAYA, C.J., GRIFFIN and PLEUS, JJ., concur. . See, e.g., Rector v. State, 852 So. 2d 910 (Fla. 1st DCA 2003); Wilson v. State, 846 So. 2d 1220 (Fla. 5th DCA 2003); McDonald v. State, 840 So. 2d 371 (Fla. 1st DCA 2003); Adams v. State, 800 So. 2d 741 (Fla. 5th DCA 2001). . See Ward v. State, 854 So. 2d 260 (Fla. 1st DCA 2003); Haber v. State, 849 So. 2d 1148 (Fla. 5th DCA 20Ó3); Pitts v. State, 837 So. 2d 518 (Fla. 1st DCA 2003); Lancaster…
  • Gonzalez v. State, 849 So. 2d 1112 (Fla. 5th DCA 2003)
    …. 9, 2003) (recognizing and affirming the “longstanding principle of law — that a court’s oral pro [*1114] nouncement of sentence controls over the written document.”); Shipman v. State, 842 So. 2d 1021 (Fla. 5th DCA 2003); see also Taylor v. State, 840 So. 2d 371 (Fla. 1st DCA 2003) (remanding to the trial court to enter a probation revocation order consistent with that orally pronounced in court); Blackshear v. State, 838 So. 2d 1228, 1229 (Fla. 1st DCA 2003) (remanding for entry of a proper revocation orde…
  • Glynell Tomlin v. State, 898 So. 2d 275 (Fla. 1st DCA 2005)
    …he evidence, and the written revocation order does not conform to the trial court’s oral pronouncement. We affirm the revocation, but remand for correction of the written order. See Koch v. State, 888 So. 2d 736 (Fla. 1st DCA 2004); Taylor v. State, 840 So. 2d 371, 372 (Fla. 1st DCA 2003); Williams v. State, 886 So. 2d 1078, 1079 (Fla. 2d DCA 2004); Turner v. State, 873 So. 2d 480, 481 (Fla. 2d DCA 2004). AFFIRMED in part, REVERSED in part, and REMANDED. ERVIN, DAVIS and HAWKES, JJ., concur.…

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