ANTHRONE MCKINZY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
ANTHRONE MCKINZY, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
949 So. 2d 1153
Florida District Court of Appeal, Third District (2007)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We dismiss the appeal from the denial on the merits of a motion filed pursuant to Florida Rule of Criminal Procedure 3.800(c) as from a non-appealable order. See Clewis v. State, 715 So. 2d 1129 (Fla. 3d DCA 1998)(an order denying a timely motion for reduction of sentence is not an appealable order); Dixon v. State, 616 So .2d 61 (Fla. 3d DCA 1993); Ziegler v. State, 380 So. 2d 564 (Fla. 3d DCA 1980). The dismissal is without prejudice to McKinzy filing those claims which are cognizable via Florida Rule of Criminal Procedure 3.850.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Mathis v. State, 959 So. 2d 378 (Fla. 3d DCA 2007)…PER CURIAM. We dismiss the appeal from the denial on the merits of a motion filed pursuant to Florida Rule of Criminal Procedure 3.800(c) as from a non-appealable order. See McKinzy v. State, 949 So. 2d 1153 (Fla. 3d DCA 2007). The dismissal is without prejudice to Mathis filing those claims which are cognizable via Florida Rule of Criminal Procedure 3.850.…
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Reid v. State, 224 So. 3d 306 (Fla. 3d DCA 2017)…hed that “[a]n order denying, on the merits, a motion for reduction of sentence under Florida Rule of Criminal Procedure 3.800(c) ... is not an appealable order.” Clewis v. State, 715 So. 2d 1129, 1129 (Fla. 3d DCA 1998); see also, McKinzy v. State, 949 So. 2d 1153 (Fla. 3d DCA 2007); Royal v. State, 736 So. 2d 157 (Fla. 3d DCA 1999); Lusskin v. State, 717 So. 2d 1076 (Fla. 4th DCA 1998); Bourjolly v. State, 623 So. 2d 870 (Fla. 3d DCA 1993).1 Accordingly, because the order at issue is not appealable, we dismi…
Authorities Cited
- Ziegler v. State, 380 So. 2d 564 (Fla. 3d DCA 1980)
- Dixon v. State, 616 So. 2d 61 (Fla. 3d DCA 1993)
- Debello v. Faske, 715 So. 2d 1129 (Fla. 3d DCA 1998)