YABEL CONCEPCION, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2009-04-29
No. 3D09-444
Before GERSTEN, C.J., and WELLS and LAGOA, JJ.
8 So. 3d 1223 Florida District Court of Appeal, Third District (2009) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

Yabel Concepcion appeals the denial of a Florida Rule of Criminal Procedure 3.800(c) motion to mitigate his sentence. A trial court’s denial of a 3.800(c) motion to mitigate sentence is not appealable. Royal v. State, 736 So.2d 157 (Fla. 3d DCA 1999). Accordingly, we dismiss the appeal.

Appeal dismissed.


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  • Nikki Martinez v. State, 77 So. 3d 706 (Fla. 3d DCA 2011)
    …ntence under Rule 3.800, which sought to reduce his two-year prison sentence to 364 days in county jail, followed by probation. A trial court’s denial of a motion to mitigate a sentence under Rule 3.800(c) is not appealable. See Concepcion v. State, 8 So. 3d 1223, 1223 (Fla. 3d DCA 2009). Accordingly, we dismiss the appeal. Appeal dismissed.…

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