Florida District Courts of Appeal, 1981

Hunker v. State

Hunker v. State
Florida District Courts of Appeal · Decided April 1, 1981 · Church, Cowart, Dauksch, Frank
397 So. 2d 934; 1981 Fla. App. LEXIS 19097 (Southern Reporter, Second Series)
Hunker v. State

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Opinion of the Court

•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. UP-CHURCH, Jr., J., concur.

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