Opinion
No. 2D12–3301.
2013-09-27
Matthew LOPEZ, Appellant/Petitioner(s), v. STATE Of Florida, Appellee/Respondent(s).
BY ORDER OF THE COURT.
This appeal is dismissed as from a nonappealable order. See Childers v. State, 972 So.2d 307 (Fla. 2d DCA 2008), approved, Schlabach v. State, 37 So.3d 230 (Fla.2010) (holding that denial of relief under Florida Rule of Criminal Procedure 3.800(c) is not appealable but can be reached by “certiorari review ‘in an extraordinary case’ “ such as when a postconviction court fails to timely review such a motion (citation omitted)). Also, though brought as an appeal, appellant also seeks certiorari review. However, certiorari jurisdiction does not lie in this case. There is no challenge to the trial court's timeliness of ruling on the postconviction motion and no showing of irreparable harm can be made when the sentencing court is exercising its absolute discretion. See id. Dismissed.