STELLA ANN SMITH, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
STELLA ANN SMITH, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
902 So. 2d 293
Florida District Court of Appeal, Third District (2005)
Positive Treatment
Cited by 20 cases
Opinion of the Court
PER CURIAM.
The trial 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Diaz v. State, 931 So. 2d 1002 (Fla. 3d DCA 2006)…the motion was untimely because the appellant was sentenced on October 8, 2003. The appellant filed the instant appeal. We begin by acknowledging that an order denying a motion to reduce or mitigate a sentence is not appealable. See Smith v. State, 902 So. 2d 293 (Fla. 3d DCA 2005); Arnold v. State, 621 So. 2d 503 (Fla. 5th DCA 1993); Daniels v. State, 568 So. 2d 63 (Fla. 1st DCA 1990); Davenport v. State, 414 So. 2d 640 (Fla. 1st DCA 1982). An appeal, however, may be treated as a petition for writ of certio…
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Viktor Berki v. State, 298 So. 3d 1169 (Fla. 3d DCA 2020)…PER CURIAM. As the lower tribunal’s order denying, on the merits, a Florida Rule of Criminal Procedure 3.800(c) motion to mitigate sentence is not an appealable order, we dismiss the instant appeal. See Smith v. State, 902 So. 2d 293 (Fla. 3d DCA 2005); Ward v. State, 854 So. 2d 260, 261 (Fla. 1st DCA 2003); Graham v. State, 845 So. 2d 1016 (Fla. 3d DCA 2003); Wilson v. State, 846 So. 2d 1220 (Fla. 5th DCA 2003); Lewis v. State, 778 So. 2d 537 (Fla. 3d DCA 2001); Clewis v. State…
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Hernandez v. State, 62 So. 3d 1158 (Fla. 3d DCA 2011)…nying a Florida Rule of Criminal Procedure 3.800(c) motion to reduce or modify sentence is not an appealable order; neither, therefore, is the order denying the motion for rehearing of that order. Accordingly, we dismiss this appeal. Smith v. State, 902 So. 2d 293 (Fla. 3d DCA 2005). Dismissed.…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Graham v. State, 845 So. 2d 1016 (Fla. 3d DCA 2003)
- Wilson v. State, 846 So. 2d 1220 (Fla. 5th DCA 2003)
- Ward v. State, 854 So. 2d 260 (Fla. 1st DCA 2003)
- Debello v. Faske, 715 So. 2d 1129 (Fla. 3d DCA 1998)
- Tracey v. Lewis, 778 So. 2d 537 (Fla. 3d DCA 2001)
- Renwick v. State, 778 So. 2d 537 (Fla. 3d DCA 2001)