CARL L. MULLINGS
v.
STATE OF FLORIDA

Fla. 3d DCA | 2026-05-13
No. 2026-0197
Scales, C.J., Gordo, J., Lobree, J., Gamez, J.
2026 FL 5616 Florida District Court of Appeal, Third District (2026) Positive Treatment
Cited by 1 case

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Holding

Orders denying motions to correct, reduce, or modify a sentence are not appealable.


Headnotes

[1] An order denying a motion to correct, reduce, or modify a sentence is not appealable under Florida law.

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Key Quotes

“As an order denying a motion to correct, reduce, or modify a sentence is not appealable, we dismiss the appeal.”

Court's statement of the controlling legal principle and disposition

Facts & Procedural History

Mullings was convicted in 1982 of multiple counts of armed robbery and sentenced to five consecutive 134-year terms. He filed a motion for 'special co…

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Opinion of the Court

Third District Court of Appeal

State of Florida

Opinion filed May 13, 2026. Not final until disposition of timely filed motion for rehearing.

No. 3D26-0197 Lower Tribunal Nos. F81-28823 & F81-29402

Carl L. Mullings, Appellant,

VS.

State of Florida, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Carlos H. Gamez, Judge.

Carl L. Mullings, in proper person.

James Uthmeier, Attorney General, and Camilo Montoya, Assistant Attorney General, for appellee.

Before SCALES, C.J., and GORDO and LOBREE, JJ.

PER CURIAM.

Appellant, Carl L. Mullings, was convicted in 1982 of multiple counts of armed robbery and sentenced to five consecutive 134-year terms. Mullings challenges the trial court's order denying his motion for “special consideration” seeking to terminate or modify his sentence to time served to enable his release for deportation. “As an order denying a motion to correct, reduce, or modify a sentence is not appealable, we dismiss the appeal." Gonzalez-Marham v. State, 346 So. 3d 684 (Fla. 3d DCA 2022) (citing Adams v. State, 487 So. 2d 1209, 1209 (Fla. 4th DCA 1986)); see also Baker v. State, 746 So. 2d 469, 469 (Fla. 2d DCA 1997); Hernandez v. State, 62 So. 3d 1158, 1158 (Fla. 3d DCA 2011); Fla. R. App. P. 9.140(b)(1)).

Dismissed.


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