WILLIE BROWN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Willie Brown appealed an order granting his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a)(1). The Third District Court of Appeal dismissed the appeal for lack of jurisdiction because orders granting rule 3.800 relief are not appealable.
The court lacks jurisdiction to hear the appeal because Florida Rule of Appellate Procedure 9.140(b)(1)(D) permits appeals only of orders denying relief under rule 3.800, not orders granting such relief.
[1] A defendant may not appeal an order granting relief under Florida Rule of Criminal Procedure 3.800(a).
[2] An order granting a motion to correct an illegal sentence is not an appealable order.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“orders entered after final judgment or finding of guilt, including orders revoking or modifying probation or community control, or both, or orders denying relief under Florida Rule of Criminal Procedure 3.800(a), 3.801, 3.850, 3.851, or 3.853.”
Florida Rule of Appellate Procedure 9.140(b)(1)(D) defines appealable post-judgment orders and specifies only orders 'denying' relief under rule 3.800 are appealable
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn June 19, 2017, Brown filed a Motion to Correct Illegal Sentence. On June 21, 2017, the trial court granted the motion, correcting Brown's sentence …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Florida Rule Of Appellate Procedure 9.140(B)(1)(D) cases and more on FLexlaw
Appellant, Willie Brown (“Brown”), appeals from an order granting his Motion to Correct Illegal Sentence. We dismiss the appeal as this Court lacks jurisdiction to entertain an appeal taken by defendant from an order granting relief under Florida Rule of Criminal Procedure 3.800.
On June 19, 2017, Brown filed a Motion to Correct Illegal Sentence pursuant rule 3.800(a)(1). On June 21, 2017, the trial court granted Brown’s motion and corrected Brown’s sentence to reflect his designation as a Prison Releasee Reoffender (P.R.R.) only as to Count I, and struck his Habitual Violent Felony Offender (H.V.O.) designation in Count I. Brown filed a notice of appeal regarding the trial court’s June 21, 2017, order.
Florida Rule of Appellate Procedure 9.140(b)(1)(D) provides that:
(1) Appeals Permitted. A defendant may appeal
(D) orders entered after final judgment or finding of guilt, including orders revoking or modifying probation or community control, or both, or orders denying relief under Florida Rule of Criminal Procedure 3.800(a), 3.801, 3.850, 3.851, or 3.853.
(Emphasis added).
Here, the trial court’s June 21, 2017, order granted Browm’s rule 3.800 motion. As such, the order is not an ap-pealable order pursuant to rule 9.140(b)(1)(D), and we therefore dismiss the appeal for lack of jurisdiction.1
Dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Minor v. State, 963 So. 2d 797 (Fla. 3d DCA 2007)
- Solomon Roberts v. State, 224 So. 3d 289 (Fla. 3d DCA 2017)
- Brown v. State, 221 So. 3d 624 (Fla. 3d DCA 2016)
- Garcia v. State, 221 So. 3d 624 (Fla. 3d DCA 2016)