WILLIE BROWN, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2017-09-06
No. 3D17-1698
Before LAGOA, SCALES, and LUCK, JJ.
227 So. 3d 215 Florida District Court of Appeal, Third District (2017)

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Synopsis

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.


Holding

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.


Headnotes

[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.

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Key Quotes

“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

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Facts & Procedural History

On 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 …

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Opinion of the Court
LAGOA, J.

*216LAGOA, J.

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.


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