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Hernandez v. State

District Court of Appeal of Florida, Third District
Jun 1, 2011
62 So. 3d 1158 (Fla. Dist. Ct. App. 2011)

Summary

holding an order denying on its merits a motion to reduce sentence pursuant to Florida Rule of Criminal Procedure 3.800(c) is non-appealable order

Summary of this case from Fox v. State

Opinion

No. 3D11-784.

June 1, 2011.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Sarah I. Zabel, Judge.

Enrique J. Hernandez, in proper person.

Pamela Jo Bondi, Attorney General, for appellee.

Before SUAREZ, LAGOA, and EMAS, JJ.


The trial court's order denying a Florida Rule of Criminal Procedure 3.800(c) motion to reduce or modify sentence is not an appealable order; neither, therefore, is the order denying the motion for rehearing of that order. Accordingly, we dismiss this appeal. Smith v. State, 902 So.2d 293 (Fla. 3d DCA 2005).

Dismissed.


Summaries of

Hernandez v. State

District Court of Appeal of Florida, Third District
Jun 1, 2011
62 So. 3d 1158 (Fla. Dist. Ct. App. 2011)

holding an order denying on its merits a motion to reduce sentence pursuant to Florida Rule of Criminal Procedure 3.800(c) is non-appealable order

Summary of this case from Fox v. State
Case details for

Hernandez v. State

Case Details

Full title:Enrique J. HERNANDEZ, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Jun 1, 2011

Citations

62 So. 3d 1158 (Fla. Dist. Ct. App. 2011)

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