BRUCE WILSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appeal is dismissed because the notice of appeal was filed untimely and the order denying the motion to mitigate sentence is non-appealable.
Bruce Wilson appealed the denial of his motion to mitigate sentence. The trial court denied the motion, and Wilson filed his notice of appeal more tha…
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PER CURIAM.
Bruce Wilson appeals the denial of his motion to mitigate sentence, pursuant to Rule 3.800(c). For the reasons stated below, we dismiss the appeal.
After being sentenced to a prison term followed by probation for having committed the crimes of false imprisonment, aggravated assault, battery, and violation of a domestic violence injunction, Wilson filed his 3.800(c) motion to mitigate sentence. The trial court denied the motion on October 3, 2002. On January 30, 2003, Wilson served his notice of appeal.
Because Wilson filed his notice of appeal more than 30 days after the trial court rendered its order denying the motion to mitigate, the appeal is not 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.
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Smith v. State, 902 So. 2d 293 (Fla. 3d DCA 2005)…court’s order denying, on the merits, a Florida Rule of Criminal 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.…
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Williams v. State, 873 So. 2d 1248 (Fla. 5th DCA 2004)…trial court. See Leonard v. State, 760 So. 2d 114 (Fla.2000). AFFIRMED. GRIFFIN and PALMER, JJ., concur. . The defendant did file a motion to reconsider sentence, but the order denying such motion is not an appealable order. See Wilson v. State, 846 So. 2d 1220 (Fla. 5th DCA 2003).…
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Staveley v. State, 866 So. 2d 1239 (Fla. 5th DCA 2004)…rits, we deny the petition for writ of certiorari because 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…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Adams v. State, 800 So. 2d 741 (Fla. 5th DCA 2001)
- Downs v. State, 700 So. 2d 789 (Fla. 2d DCA 1997)