STEPHEN TERRY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
STEPHEN TERRY, PETITIONER,
STATE OF FLORIDA, RESPONDENT
940 So. 2d 1288
Florida District Court of Appeal, Fifth District (2006)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
The appellant, Stephen A. Terry, seeks certiorari review of the trial court’s order denying his motion filed pursuant to rule 3.800(c), Florida Rules of Criminal Procedure, to mitigate his sentence. An order entered on a rule 3.800(c) motion to reduce or modify a sentence is not appealable, however, it is subject to review in an extraordinary case under this court’s certiorari jurisdiction. See Byrd v. State, 920 So. 2d 825 (Fla. 2d DCA 2006). As the appellant has failed to demonstrate that he is entitled to certiorari relief, the petition is denied.
DENIED.
PALMER, ORFINGER, and MONACO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kuehl v. Ric L. Bradshaw, 954 So. 2d 653 (Fla. 4th DCA 2007)…et to court. The trial court denied the motion. The denial of a rule 3.800(c) motion to mitigate is not appealable; however, there is a narrow exception that provides for certiorari review where the motion is denied as untimely. See Terry v. State, 940 So. 2d 1288 (Fla. 5th DCA 2006); Diaz v. State, 931 So. 2d 1002 (Fla. 3d DCA 2006). Mandamus is proper to compel a public official to perform a ministerial duty. The trial court did not have a ministerial duty to hold a hearing on the motion to mitigate. Outsid…
Authorities Cited
- Pickens v. State, 920 So. 2d 825 (Fla. 5th DCA 2006)
- Byrd v. State, 920 So. 2d 825 (Fla. 2d DCA 2006)