Smith v. State

Full title: Aaron K. SMITH, Appellant, v. The STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Mar 11, 2009

4 So. 3d 1254 (Fla. Dist. Ct. App. 2009)

Opinion

No. 3D09-328.

March 11, 2009.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Monroe County, Mark H. Jones, Judge.

Aaron K. Smith, in proper person.

Bill McCollum, Attorney General, for appellee.

Before SHEPHERD, CORTIÑAS and SALTER, JJ.

PER CURIAM.

An order denying a motion to modify sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(c) is not appealable. See Lusskin v. State, 717 So.2d 1076, 1077 (Fla. 4th DCA 1998). Accordingly, Smith's appeal is dismissed.