Opinion
3D23-2188
04-24-2024
Reinel Gonzalez, in proper person. Ashley Moody, Attorney General, and Kayla Heather McNab, Assistant Attorney General, for appellee.
Not final until disposition of timely filed motion for rehearing.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Laura A. Stuzin, Judge Lower Tribunal No. F18-20154-B
Reinel Gonzalez, in proper person.
Ashley Moody, Attorney General, and Kayla Heather McNab, Assistant Attorney General, for appellee.
Before FERNANDEZ, GORDO and LOBREE, JJ.
PER CURIAM
"Because a trial court's adjudication of a criminal defendant's rule 3.800(c) postconviction motion seeking to mitigate a sentence is purely discretionary, orders denying such motions are not subject to appeal." Ross v. State, 358 So.3d 832, 833 (Fla. 3d DCA 2023).
Dismissed.