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Linhares v. State of Florida

District Court of Appeal of Florida, First District
May 28, 2010
36 So. 3d 832 (Fla. Dist. Ct. App. 2010)

Opinion

No. 1D09-1672.

May 28, 2010.

An appeal from the Circuit Court for Duval County. Charles W. Arnold, Judge.

Nancy A. Daniels, Public Defender, and Edgar Lee Elzie, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Thomas H. Duffy, Assistant Attorney General, Tallahassee, for Appellee.


We dismiss this appeal for lack of jurisdiction. The notice of appeal filed on April 3, 2009, appealing the judgment and sentence, rendered on January 15, 2009, and the order denying Appellant's 3.800(c) motion to reduce sentence, is untimely. Because the notice of appeal was filed more than 30 days after rendition of the order, this Court is without appellate jurisdiction. See Fla.R.App.P. 9.110(b). A motion to mitigate under rule 3.800(c) is discretionary with the court and is itself not appealable. See Riggs v. State, 847 So.2d 1037, 1038 (Fla. 1st DCA 2003).

DISMISSED.

KAHN, ROWE, and MARSTILLER, JJ., concur.


Summaries of

Linhares v. State of Florida

District Court of Appeal of Florida, First District
May 28, 2010
36 So. 3d 832 (Fla. Dist. Ct. App. 2010)
Case details for

Linhares v. State of Florida

Case Details

Full title:Tarais LINHARES, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: May 28, 2010

Citations

36 So. 3d 832 (Fla. Dist. Ct. App. 2010)

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Hutto v. State

This appeal is DISMISSED for lack of jurisdiction. See Linhares v. State, 36 So.3d 832, 833 (Fla. 1st DCA…