RONALD REID, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Ronald Reid appealed from a trial court's order denying his Rule 3.800(c) motion to reduce or modify his sentence imposed pursuant to a plea agreement. The appellate court dismissed the appeal, holding that orders denying Rule 3.800(c) motions are not appealable.
An order denying, on the merits, a Rule 3.800(c) motion for reduction of sentence is not an appealable order, and therefore the appeal must be dismissed.
[1] An order denying a motion for reduction or modification of sentence under Florida Rule of Criminal Procedure 3.800(c) is not an appealable order.
[2] A trial court lacks the legal authority to modify or reduce a sentence entered pursuant to a negotiated plea agreement.
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Join FLexlaw to unlock all legal intelligence“[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.”
The controlling legal standard establishing that denial orders are not appealable.
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Join FLexlaw to unlock all legal intelligenceOn February 2, 2016, Reid entered a negotiated global plea agreement with the State and was sentenced to 96.22 months as a habitual felony offender. O…
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Defendant, Ronald Reid (“Reid”), appeals from the trial court’s order denying his motion for reduction or modification of sentence pursuant to Florida Rule of Criminal Procedure 3.800(c). Because the appeal is taken from a non-appealable order, we dismiss.
On February 2, 2016, Reid entered into a negotiated global plea with the State and was sentenced to 96,22 months as a habitual felony offender. On March 14, 2016, Reid filed a Rule 3.800(c) motion for reduction or modification of sentence. On June 9, 2016, the trial court denied the motion and found:
[T]his Court does not have the legal authority to modify or reduce a sentence entered pursuant to a plea agreement between the State of Florida and the Defendant. State v. Gutierrez, 10 So.3d 158 (Fla. 3d DCA 2009). The Defendant’s sentence, imposed by this Court on February 2, 2016, was pursuant to an agreement entered by the Defendant with the State of Florida. Defendant cannot circumvent the plea bargain by filing a motion to mitigate.
This timely appeal followed.
It is well-established 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 dismiss the appeal.
Appeal dismissed.
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Citator
Cited By
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State v. Kevrick M. Hall, JR. (Fla. 2d DCA 2022)…State v. Swett, 772 So. 2d 48, 51 (Fla. 5th DCA 2000). sentence was imposed as part of a negotiated plea.' " (quoting State v. Swett, 772 So. 2d 48, 52 (Fla. 5th DCA 2000))). Other courts have reached the same conclusion. See, e.g., Reid v. State, 224 So. 3d 306, 307 n.1 (Fla. 3d DCA 2017) ("[A]n order granting a [r]ule 3.800(c) motion that reduces a sentence imposed pursuant to a negotiated plea constitutes an appealable order."); State v. Howell, 59 So. 3d 301, 302 (Fla. 5th DCA 2011) ("[T]he trial court…
Authorities Cited (12 total)
- State v. Swett, 772 So. 2d 48 (Fla. 5th DCA 2000)
- State v. Gutierrez, 10 So. 3d 158 (Fla. 3d DCA 2009)
- Lusskin v. State, 717 So. 2d 1076 (Fla. 4th DCA 1998)
- Bond v. State, 717 So. 2d 1076 (Fla. 5th DCA 1998)
- Bourjolly v. State, 623 So. 2d 870 (Fla. 3d DCA 1993)
- Roberts v. State, 623 So. 2d 870 (Fla. 3d DCA 1993)
- Debello v. Faske, 715 So. 2d 1129 (Fla. 3d DCA 1998)
- Royal v. State, 736 So. 2d 157 (Fla. 3d DCA 1999)
- State v. Jordan, 783 So. 2d 1179 (Fla. 3d DCA 2001)
- Glossy Bruce Joseph v. State, 736 So. 2d 157 (Fla. 3d DCA 1999)