PAUL TIMOTHY SUGGS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Paul Timothy Suggs takes this appeal from the denial of his pro se motion denominated “Motion to Vacate, Set Aside, or Correct Sentence; Hearing, Appeal Rule 3.850.” Appellant does not challenge the legality of the judgments or sentences against him. Rather, he seeks a reduction in his ten-year sentences for armed robbery and attempted first degree murder on the basis of certain factors which might be construed as mitigating.
Such relief is properly sought under Fla. R.Crim.P. 3.800, and not under Fla.R. Crim.P. 3.850. No appeal lies from the denial of a motion for reduction of a legal sentence filed pursuant to Fla.R.Crim.P. 3.800. Parker v. State, 214 So. 2d 632 (Fla. 2d DCA 1968).
Accordingly, this appeal is dismissed.
HOBSON, A. C. J., and SCHEB and DANAHY, JJ., concur.
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Citator
Cited By (12 total)
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Mueller v. THE Florida BAR, 390 So. 2d 449 (Fla. 4th DCA 1980)…Bar and its staff counsel as agencies of the supreme court for the purpose of administering its jurisdiction. The Florida Bar is thus an arm and part of the judiciary, one of the three co-equal branches of state government, The Florida Bar v. Lewis, 358 So. 2d 897 (Fla. 1st DCA 1978). It follows that The Florida Bar and its agents acting within the scope of their office are protected from liability for publication of defamatory matter by an absolute privilege. The remaining question is whether Paul Gross was…
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Smith v. State, 471 So. 2d 1347 (Fla. 2d DCA 1985)…a motion for reduction of sentence. Hallman v. State, 371 So. 2d 482 (Fla.1979), affirming 343 So. 2d 912 (Fla. 2d DCA 1977); Bertone v. State, 388 So. 2d 347 (Fla. 1st DCA 1980); Ziegler v. State, 380 So. 2d 564 (Fla. 3d DCA 1980); Suggs v. State, 358 So. 2d 897 (Fla. 2d DCA 1978). We can and do, however, treat this appeal as a petition for writ of certiorari. Generally, a court has no jurisdiction to modify a legal sentence after the passage of sixty days from sentencing. State v. Sutton, 371 So. 2d 717…
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Ziegler v. State, 380 So. 2d 564 (Fla. 3d DCA 1980)…by those cases which hold that no appeal may be taken from the denial of a motion for a reduction of sentence filed under Fla.R.Crim.P. 3.800. Hallman v. State, 371 So. 2d 482 (Fla.1979), affirming, 343 So. 2d 912 (Fla. 2d DCA 1977); Suggs v. State, 358 So. 2d 897 (Fla. 2d DCA 1978); Parker v. State, 214 So. 2d 632 (Fla. 2d DCA 1968).1 Appeal dismissed. . We reject the appellant’s contention that jurisdiction is conferred by Fla.R.App.P. 9.140(b)(1)(C), which provides that a defendant may appeal from “order…
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- Parker v. State, 214 So. 2d 632 (Fla. 2d DCA 1968)