Seeber v. State

Full title: Thomas SEEBER, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: May 23, 2007

956 So. 2d 1240 (Fla. Dist. Ct. App. 2007)

Opinion

No. 4D07-1624.

May 23, 2007.

Appeal of order denying rule 3.800(c) motion from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Dan L. Vaughn, Judge; L.T. Case No. 05-1868.

Arthur B. Brandt of Brandt Gufford, Stuart, for appellant.

No appearance required for appellee.

PER CURIAM.

Appellant filed, without reference to Florida Rule of Criminal Procedure 3.800(c), a motion simply titled "Motion to Modify Sentence." The trial court treated the motion as a rule 3.800(c) motion and, after the sixty-day jurisdictional window expired, denied the motion for lack of jurisdiction. We dismiss the appeal as a non-appealable order. See State v. Woodard, 866 So.2d 120 (Fla. 4th DCA 2004); Grosse v. State, 511 So.2d 688 (Fla. 4th DCA 1987), rev. denied, 519 So.2d 987 (Fla. 1988).

GUNTHER, HAZOURI and MAY, JJ., concur.