Hunker v. State

Full title: PHILIP DAVID HUNKER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Apr 1, 1981

397 So. 2d 934 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-987.

April 1, 1981.

Appeal from Circuit Court, Hernando County; L.R. Huffstetler, Jr., Judge.

James B. Gibson, Public Defender, and Ronald K. Zimmet, Chief, Appellate Division, Asst. Public Defender, Daytona Beach, for appellant.

No appearance by appellee.

COWART, Judge.

An order denying a petition for reduction or modification of sentence under Florida Rule of Criminal Procedure 3.800(b) is discretionary and not appealable. Suggs v. State, 358 So.2d 897 (Fla. 2nd DCA 1978); Hallman v. State, 343 So.2d 912 (Fla.2d DCA 1977), aff'd, 371 So.2d 482 (Fla. 1979).

Accordingly, this appeal is

DISMISSED.

DAUKSCH, C.J., and FRANK D. UPCHURCH, Jr., J., concur.