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Davidson v. State

District Court of Appeal of Florida, Fifth District
Nov 7, 1997
701 So. 2d 123 (Fla. Dist. Ct. App. 1997)
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Summary

holding that orders denying motions to mitigate sentence under Florida Rule of Criminal Procedure 3.800(c) are not appealable

Summary of this case from Starks v. State
See 1 Summary

Opinion

Case No. 97-2671.

Opinion filed November 7, 1997.

Appeal from the Circuit Court for Putnam County, Stephen L. Boyles, Judge.

James B. Gibson, Public Defender, Daytona Beach, and Bryan Park, Assistant Public Defender, Palatka, for Appellant.

No appearance for Appellee.

PER CURIAM.

Kenneth W. Davidson's appeal of the summary denial of his motion to modify sentence pursuant to Florida Rule of Criminal Procedure 3.800(c) is dismissed. See Hallman v. State, 371 So.2d 482 (Fla. 1979); Nixon v. State, 658 So.2d 1180 (Fla. 2d DCA 1995) and Bourjolly v. State, 623 So.2d 870 (Fla. 3d DCA 1993), rev. denied, 634 So.2d 622 (Fla. 1994).

Prior to July 1, 1996, Rule 3.800(c) was designated as subsection (b).

GRIFFIN, C.J., COBB and PETERSON, JJ., concur.

Summaries of

Davidson v. State

District Court of Appeal of Florida, Fifth District
Nov 7, 1997
701 So. 2d 123 (Fla. Dist. Ct. App. 1997)

holding that orders denying motions to mitigate sentence under Florida Rule of Criminal Procedure 3.800(c) are not appealable

Summary of this case from Starks v. State
Case details for

Davidson v. State

Case Details

Full title:KENNETH W. DAVIDSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Nov 7, 1997

Citations

701 So. 2d 123 (Fla. Dist. Ct. App. 1997)

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AFFIRMED. See Davidson v. State, 701 So.2d 123 (Fla. 5th DCA 1997) (holding that orders denying motions to…

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PER CURIAM. AFFIRMED. See, e.g., Davidson v. State, 701 So.2d 123 (Fla. 5th DCA 1997). SAWAYA, C.J., GRIFFIN…

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