BERNARD GRAHAM, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By (14 total)

• Smith v. State, 902 So. 2d 293 (Fla. 3d DCA 2005)
  …inal Procedure 3.800(e) motion to mitigate sentence is not an appealable order. Accordingly, we dismiss this appeal. Ward v. State, 854 So. 2d 260, 261 (Fla. 1st DCA 2003); Wilson v. State, 846 So. 2d 1220, 1220 (Fla. 5th DCA 2003); Graham v. State, 845 So. 2d 1016, 1016 (Fla. 3d DCA 2003); Lewis v. State, 778 So. 2d 537, 537 (Fla. 3d DCA 2001); Clewis v. State, 715 So. 2d 1129, 1129 (Fla. 3d DCA 1998). Appeal dismissed.…
• Cole v. State, 941 So. 2d 549 (Fla. 1st DCA 2006)
  …s evidenced by the order above and the State’s concession, the trial court did not exercise its discretion based upon factors other than the offense for which the appellant was acquitted pursuant to section 943.059, Florida Statutes. Godoy v. State, 845 So. 2d 1016, 1017 (Fla. 3d DCA 2003) (“the exercise of discretion contemplates that the court will make its decision based on consideration of all the facts and circumstances, rather than deciding the petition solely on the nature of the charge”) (citing Anders…
• Harman v. State, 12 So. 3d 898 (Fla. 2d DCA 2009)
  …at 254 (“[T]he exercise of discretion contemplates that the court will make its decision based on consideration of all of the facts and circumstances, rather than deciding the petition solely on the nature of the charge.”); see also Godoy v. State, 845 So. 2d 1016, 1017 (Fla. 3d DCA 2003) (concluding that trial court’s denial of petition cannot be based solely on the nature of the charge). Therefore, the trial court abused its discretion in denying the petition based on the seriousness of the offense. We als…

Authorities Cited

• Tracey v. Lewis, 778 So. 2d 537 (Fla. 3d DCA 2001)
• Renwick v. State, 778 So. 2d 537 (Fla. 3d DCA 2001)