Summary
dismissing the appeal, as the lower tribunal's order denying, on the merits, a Florida Rule of Criminal Procedure 3.800(c) motion to mitigate sentence is not an appealable order
Summary of this case from Kirkconnell v. StateOpinion
No. 3D19-2151
01-29-2020
Viktor BERKI, Appellant, v. The STATE of Florida, Appellee.
Viktor Berki, in proper person. Ashley Moody, Attorney General, for appellee.
Viktor Berki, in proper person.
Ashley Moody, Attorney General, for appellee.
Before FERNANDEZ, LOGUE, and MILLER, JJ.
PER CURIAM.
As the lower tribunal's order denying, on the merits, a Florida Rule of Criminal Procedure 3.800(c) motion to mitigate sentence is not an appealable order, we dismiss the instant appeal. See Smith v. State, 902 So. 2d 293 (Fla. 3d DCA 2005) ; Ward v. State, 854 So. 2d 260, 261 (Fla. 1st DCA 2003) ; Graham v. State, 845 So. 2d 1016 (Fla. 3d DCA 2003) ; Wilson v. State, 846 So. 2d 1220 (Fla. 5th DCA 2003) ; Lewis v. State, 778 So. 2d 537 (Fla. 3d DCA 2001) ; Clewis v. State, 715 So. 2d 1129 (Fla. 3d DCA 1998).
Dismissed.