THOMAS SEEBER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
THOMAS SEEBER, APPELLANT,
STATE OF FLORIDA, APPELLEE
956 So. 2d 1240
Florida District Court of Appeal, Fourth District (2007)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Appellant filed, without reference to Florida Rule of Criminal Procedure 3.800(c), a motion simply titled “Motion to Modify Sentence.” The trial court treated the motion as a rule 3.800(c) motion and, after the sixty-day jurisdictional window expired, denied the motion for lack of jurisdiction. We dismiss the appeal as a non-appealable order. See State v. Woodard, 866 So. 2d 120 (Fla. 4th DCA 2004); Grosse v. State, 511 So. 2d 688 (Fla. 4th DCA 1987), rev. denied, 519 So. 2d 987 (Fla.1988).
GUNTHER, HAZOURI and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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E.J. v. State, 29 So. 3d 348 (Fla. 3d DCA 2010)…o report to the Dade Marine Institute is a substantial violation of E.J.’s probation, and this violation alone is sufficient to sustain a revocation of his probation, remand for reconsideration by the trial court is not required. See Matos v. State, 956 So. 2d 1240, 1240 (Fla. 4th DCA 2007) (affirming revocation of community control after striking some of the violations but finding other violations were supported by the evidence); Butler v. State, 932 So. 2d 306, 307 (Fla. 2d DCA 2006) (recognizing that when a…
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Reeves v. State, 23 So. 3d 1263 (Fla. 4th DCA 2009)…Fla. R.Crim. P., to enlarge the sixty day time limit to file and hear a Rule 3.800(c) motion to mitigate sentence. The sixty day time limit would otherwise be jurisdictional. See State v. Woodard, 866 So. 2d 120 (Fla. 4th DCA 2004); Seeber v. State, 956 So. 2d 1240 (Fla. 4th DCA 2007). However, this does not result in an enlargement of time to file a notice of appeal of an alleged violation of the plea agreement pursuant to Rule 3.170(1), Fla. R.Crim. P., and Rule 9.140(b)(2)(A)(ii)(b). A notice of appeal on…
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Petit v. State, 992 So. 2d 293 (Fla. 3d DCA 2008)…umstances of the case, including the fact that the present case is no less than the third time Petit had violated his probation, that the trial court would have reached the same result without consideration of the invalid ground. See Matos v. State, 956 So. 2d 1240 (Fla. 4th DCA 2007); Pollard v. State, 930 So. 2d 854 (Fla. 2d DCA 2006); Haygood v. State, 687 So. 2d 318 (Fla. 4th DCA 1997). Affirmed as amended.…
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- Grosse v. State, 511 So. 2d 688 (Fla. 4th DCA 1987)
- State v. Woodard, 866 So. 2d 120 (Fla. 4th DCA 2004)