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. StateOpinion
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.