Opinion
Case No. 5D01-3306
December 7, 2001
3.800 Appeal from the Circuit Court for Osceola County, Reginald K. Whitehead, Judge.
Alfred Torres of Davila Torres, Kissimmee, for Appellant.
No appearance for Appellee.
As the trial court's exercise of discretion in ruling on a motion for mitigation pursuant to Florida Rule of Criminal Procedure 3.800(c) is not subject to review on appeal, the appeal is dismissed. See Royal v. State, 736 So.2d 157 (Fla. 3d DCA 1999) and Lusskin v. State, 717 So.2d 1076, 1077 (Fla. 4th DCA 1998).
APPEAL DISMISSED.
HARRIS, PALMER and ORFINGER, R. B., JJ., concur.