DALE B. GREEN
v.
STATE
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A rule 3.850 postconviction motion that is both untimely and improperly successive may be denied, and no appeal is available from an order denying a rule 3.800(c) motion seeking discretionary relief.
[1] No appeal is available from an order denying a rule 3.800(c) motion that seeks purely discretionary relief from the trial court.
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Join FLexlaw to unlock all legal intelligenceDale B. Green filed a rule 3.850 postconviction motion and a rule 3.800(c) motion in the Circuit Court for Putnam County. The postconviction court den…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
DALE B. GREEN,
Appellant,
v. Case No. 5D18-1611
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed August 24, 2018
3.850 Appeal from the Circuit Court for Putnam County, Patti A. Christensen, Judge.
Dale B. Green, Daytona Beach, pro se.
No Appearance for Appellee.
PER CURIAM.
We affirm the postconviction court’s denial of Appellant’s rule 3.850 motion as it was both untimely and improperly successive. We dismiss Appellant’s untimely effort to seek review of the denial of his rule 3.800(c) motion, as no appeal is available from an order denying that motion which sought purely discretionary relief from the court below.
AFFIRMED.
COHEN, C.J., LAMBERT and EDWARDS, JJ., concur.