Florida District Courts of Appeal, 1997

Oser v. State

Florida District Courts of Appeal · Decided October 1, 1997 · Glickstein, Klein, Pariente

699 So. 2d 844; 1997 Fla. App. LEXIS 11165; 1997 WL 600387 (Southern Reporter, Second Series)

Cases that cite this one

14 later published cases cite this decision.

CHANCY MALLORY v. STATE OF FLORIDA (Fla. Dist. Ct. App. 2018)
Mallory v. State (Fla. Dist. Ct. App. 2018)
Mallory v. State (Fla. Dist. Ct. App. 2018)
Reeves v. State (Fla. Dist. Ct. App. 2009)
Brown v. State (Fla. Dist. Ct. App. 2007)
Anderson v. State (Fla. Dist. Ct. App. 2007)
Howard v. State (Fla. Dist. Ct. App. 2005)
Riggs v. State (Fla. Dist. Ct. App. 2003)
Zamora v. State (Fla. Dist. Ct. App. 2002)
Eulo v. State (Fla. Dist. Ct. App. 2001)
Blackman v. State (Fla. Dist. Ct. App. 2001)
Burgos v. State (Fla. Dist. Ct. App. 2000)
Langley v. State (Fla. Dist. Ct. App. 1998)
CSC Realty Partners, Inc. v. Gallagher-Cole Associates, Inc. (Fla. Dist. Ct. App. 1997)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

GLICKSTEIN, Judge.

In 1997, appellant filed a motion in the trial court to mitigate his sentence. Although he referred to rule 3.800(b), Florida Rule of Criminal Procedure 3.800, said paragraph is now (c). Amendments to Florida Rule of Appellate Procedure 9.020(g) & Florida Rule of Criminal Procedure 3.800, 675 So.2d 1374 (Fla. 1996). The change became effective July 1, 1996.

*845In Johnson v. State, 543 So.2d 1289 (Fla. 4th DCA 1989), we reaffirmed our earlier position in Adams v. State, 487 So.2d 1209 (Fla. 4th DCA 1986), that orders denying motions to mitigate, such as that made here, were not appealable. Our companion courts agree. See Lee v. State, 662 So.2d 731 (Fla. 2d DCA 1995); Bourjolly v. State, 623 So.2d 870 (Fla. 3d DCA 1993); Daniels v. State, 568 So.2d 63 (Fla. 1st DCA 1990).

Accordingly, we sua sponte dismiss the appeal.

KLEIN and PARIENTE, JJ., concur.

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