ANTHONY SUDOL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ANTHONY SUDOL, APPELLANT,
STATE OF FLORIDA, APPELLEE
29 So. 3d 1155
Florida District Court of Appeal, Fifth District (2010)
Positive Treatment
Cited by 1 case
Opinion of the Court
Although the appellant, Anthony Sudol, fashions this appeal as an appeal from a judgment and sentence imposed by the trial court, it appears that Mr. Sudol is actually attempting to appeal an order under Florida Rule of Criminal Procedure 3.800(c) granting a motion for reduction and modification of a sentence. As such an order is not appealable, we dismiss this appeal. See Jackson v. State, 936 So.2d 775 (Fla. 5th DCA 2006); Hunker v. State, 397 So.2d 934 (Fla. 5th DCA 1981). Moreover, if this had been an appeal from a judgment and sentence, we would have affirmed inasmuch as the sentence issued conforms to the plea bargain and is legal.
DISMISSED.
MONACO, C.J., SAWAYA and JACOBUS, JJ., concur.
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Citator
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Authorities Cited
- Jackson v. State, 936 So. 2d 775 (Fla. 5th DCA 2006)
- Green v. State, 936 So. 2d 775 (Fla. 5th DCA 2006)
- Hunker v. State, 397 So. 2d 934 (Fla. 5th DCA 1981)
- McRAE v. State, 397 So. 2d 934 (Fla. 5th DCA 1981)