CALVIN CONLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CALVIN CONLEY, APPELLANT,
STATE OF FLORIDA, APPELLEE
918 So. 2d 390
Florida District Court of Appeal, Fourth District (2006)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We affirm, but without prejudice to appellant refilling a proper motion, pursuant to F.R.Cr.P. 3.800(a), as to the jail credit issue only.
POLEN, SHAHOOD and TAYLOR, JJ., concur.
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Hall v. State, 117 So. 3d 478 (Fla. 1st DCA 2013)…lable order under rule 9.140(b)(1)(D), Florida Rules of Appellate Procedure or section 924.06, Florida Statutes. It is not [*479] an order modifying or revoking probation and general law does not provide for appeal of the order. See Rogers v. State, 918 So. 2d 390 (Fla. 5th DCA 2006). Pursuant to rule 9.040(c), Florida Rules of Appellate Procedure, we have considered whether another appellate or extraordinary remedy is available to Appellant and conclude there is none. DeLuca v. State, 82 So. 3d 948 (Fla. 4…
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State v. LaFAVE, 113 So. 3d 31 (Fla. 2d DCA 2012)…a timely notice of appeal within fifteen days). Also subsequent to Jones and Pettis, the Fifth District acknowledged that certiorari review is available to review nonappealable orders in criminal cases in limited circumstances. See Rogers v. State, 918 So. 2d 390, 391 (Fla. 5th DCA 2006) (on motion for rehearing) (holding that court lacked jurisdiction to review order denying defendant's motion to modify probation but noting that "[tjhere are extraordinary circumstances in which such orders may be reviewable…
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Buie v. State, 16 So. 3d 854 (Fla. 5th DCA 2009)…PER CURIAM. James D. Buie, Jr. appeals an order denying a motion to modify his probation. We lack jurisdiction and, accordingly, dismiss the appeal. See Rogers v. State, 918 So. 2d 390 (Fla. 5th DCA 2006) (holding order denying postconviction motion to modify conditions of probation is not ap-pealable). DISMISSED. GRIFFIN, ORFINGER and MONACO, JJ., concur.…