McDonald v. State

Full title: WYNYARD A. McDONALD, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Mar 13, 2003

840 So. 2d 371 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 1D03-0161.

Opinion filed March 13, 2003.

An appeal from the Circuit Court for Suwannee County. James Roy Bean, Judge.

Appellant, pro se.

Charlie Crist, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Having considered the appellant's response to this Court's order to show cause, dated February 6, 2003, we dismiss for lack of jurisdiction. The appellant appeals the denial on the merits of her rule 3.800(c) motion to reduce or modify her sentence. A claim brought pursuant to rule 3.800(c) is not appealable on the merits because it is a discretionary determination made by the trial court. Jolly v. State, 803 So.2d 846, 846 (Fla. 1st DCA 2001); Daniels v. State, 568 So.2d 63(Fla. 1st DCA 1990); Shannon v. State, 765 So.2d 847, 848 (Fla. 4th DCA 2000).

DISMISSED.

ERVIN, WOLF and VAN NORTWICK, JJ., CONCUR.