Hernandez v. State

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

Court: District Court of Appeal of Florida, Third District

Date published: May 28, 2008

982 So. 2d 1229 (Fla. Dist. Ct. App. 2008)

Opinion

No. 3D08-961.

May 28, 2008.

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

David Hernandez, in proper person.

Bill McCollum, Attorney General, for appellee.

Before RAMIREZ, SHEPHERD, and ROTHENBERG, JJ.

PER CURIAM.

We dismiss this appeal, as orders denying motions to mitigate brought pursuant to Florida Rule of Criminal Procedure 3.800(c) are not appealable. See Banks v. State, 970 So.2d 401 (Fla. 3d DCA 2007). Dismissed.