FERNANDO GONZALEZ-MARHAM
v.
THE STATE OF FLORIDA

Fla. 3d DCA | 2022-08-17
No. 21-2448
Florida District Court of Appeal, Third District (2022)

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Holding

An order denying a motion to correct, reduce, or modify a sentence is not appealable.


Headnotes

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

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Facts & Procedural History

Gonzalez-Marham was sentenced to five years in prison for trafficking in cocaine. Approximately fifteen months after sentencing, he filed an emergency…

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Opinion of the Court

PER CURIAM.

Appellant, Fernando Gonzalez-Marham, challenges a post-decretal order denying his emergency petition for furlough and home confinement. The motion, filed approximately fifteen months after appellant was sentenced to five years in prison for trafficking in cocaine, cites concerns over COVID- 19. As an order denying a motion to correct, reduce, or modify a sentence is not appealable, we dismiss the appeal. Adams v. State, 487 So. 2d 1209, 1209 (Fla. 4th DCA 1986); Baker v. State, 746 So. 2d 469, 469 (Fla. 2d DCA 1997); Hernandez v. State, 62 So. 3d 1158, 1158 (Fla. 3d DCA 2011); see Fla. R. App. P. 9.140(b)(1).

Dismissed.

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