Climpson v. State

Full title: Shanise CLIMPSON, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fifth District.

Date published: Oct 18, 2013

123 So. 3d 669 (Fla. Dist. Ct. App. 2013)

Opinion

No. 5D13–2581.

2013-10-18

Shanise CLIMPSON, Appellant, v. STATE of Florida, Appellee.

3.800 Appeal from the Circuit Court for Marion County, Hale R. Stancil, Judge. Shanise Climpson, Ocala, pro se. No Appearance for Appellee.

PER CURIAM.

3.800 Appeal from the Circuit Court for Marion County, Hale R. Stancil, Judge.

Shanise Climpson, Ocala, pro se. No Appearance for Appellee.
PER CURIAM.

Shanise Climpson appeals from the trial court's order denying her Florida Rule of Criminal Procedure 3.800(c) motion to mitigate her sentence. Because an order denying a motion to mitigate sentence is not appealable, we lack jurisdiction. See Simms v. State, 16 So.3d 229, 229 (Fla. 5th DCA 2009) (holding that court lacked jurisdiction to consider appeal of order denying rule 3.800(c) motion). Accordingly, we dismiss Climpson's appeal. See Jackson v. State, 936 So.2d 775, 775 (Fla. 5th DCA 2006) (dismissing appeal of order denying motion to mitigate sentence).

DISMISSED.

COHEN, BERGER and WALLIS, JJ., concur.