JOSHUA WILLIAMS, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Barcelona v. State, 974 So. 2d 1133 (Fla. 3d DCA 2008)
  …PER CURIAM. Joel Barcelona appeals an order denying his motion to mitigate his sentence. We dismiss the appeal as the denial of such an order cannot be appealed. Williams v. State, 944 So. 2d 549, 550 (Fla. 3d DCA 2006). While the denial of a motion under Florida Rule of Criminal Procedure 3.800(c) may be treated as a petition for writ of certiorari if a trial court mistakenly found the motion to be untimely, see Diaz v. State, 931 So. 2d 10…
• Mickens v. State, 985 So. 2d 681 (Fla. 4th DCA 2008)
  …priate circumstances. See Kimbrough v. United States, — U.S. —, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007). Because trial court orders denying rule 3.800(c) motions to mitigate are not ap- [*682] pealable, we dismiss this appeal. See Williams v. State, 944 So. 2d 549 (Fla. 3d DCA 2006) and Lusskin v. State, 717 So. 2d 1076 (Fla. 4th DCA 1998). POLEN, TAYLOR and HAZOURI, JJ„ concur.…
• Ira Ferguson v. State, 994 So. 2d 1188 (Fla. 3d DCA 2008)
  …ENBERG, J. Because an order denying a motion to mitigate filed pursuant to Florida Rule of Criminal Procedure 3.800(c) is not appeal-able, we dismiss this appeal. See Mickens v. State, 985 So. 2d 681 (Fla. 4th DCA [*1189] 2008); Williams v. State, 944 So. 2d 549 (Fla. 3d DCA 2006). Dismissed.…

Authorities Cited

• Jackson v. State, 936 So. 2d 775 (Fla. 5th DCA 2006)
• Green v. State, 936 So. 2d 775 (Fla. 5th DCA 2006)