Opinion
No. 3D22-1514.
11-23-2022
Arnold CASO, Appellant, v. The STATE of Florida, Appellee.
PER CURIAM .
Because the trial court's exercise of discretion in ruling on the merits of a motion to reduce or mitigate sentence pursuant to Florida Rule of Criminal Procedure 3.800(c) is not subject to appellate review, we dismiss this appeal. See Smith v. State, 902 So.2d 293 (Fla. 3d DCA 2005); Graham v. State, 845 So.2d 1016 (Fla. 3d DCA 2003). See also Diaz v. State, 931 So.2d 1002, 1004 (Fla. 3d DCA 2006) (observing that "an order denying a motion to reduce or mitigate a sentence is not appealable" but may be treated as a petition for writ of certiorari where the trial court denied the motion as untimely without reaching the merits).
Appeal dismissed.