Florida District Courts of Appeal, 1989

Alexander v. State

Alexander v. State
Florida District Courts of Appeal · Decided December 1, 1989 · Per Curiam
553 So. 2d 312; 1989 WL 145742 (Southern Reporter, Second Series)

Alexander v. State

Opinion

553 So.2d 312 (1989)

Michael Clay ALEXANDER, Appellant,
v.
STATE of Florida, Appellee.

No. 89-1940.

District Court of Appeal of Florida, First District.

December 1, 1989.

Michael Clay Alexander pro se.

No appearance for the State.

PER CURIAM.

Appellant has filed an untimely appeal from the trial court's denial of his Motion for Sentence Modification. In this motion, appellant seeks a reduction of a legal sentence. It is well settled that a trial judge's discretionary ruling on whether to modify or reduce a legal sentence is not appealable. Davenport v. State, 414 So.2d 640 (Fla. 1st DCA 1982); Marsh v. State, 497 So.2d 954 (Fla. 1st DCA 1986); Hallman v. State, 371 So.2d 482, 484 (Fla. 1979), affirming 343 So.2d 912 (Fla. 2d DCA 1977); Parker v. State, 214 So.2d 632 (Fla. 2d DCA 1968); Fla.R.Crim.P. 3.800(b); § 924.06, Fla. Stat. (1987). Accordingly, this appeal is DISMISSED.

SHIVERS, C.J., and ERVIN and NIMMONS, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.