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Florida District Courts of Appeal, 1998

Wiley v. State

Wiley v. State
Florida District Courts of Appeal · Decided January 23, 1998 · Parker, Patterson, Whatley
705 So. 2d 127; 1998 Fla. App. LEXIS 553; 1998 WL 23264 (Southern Reporter, Second Series)

Wiley v. State

Opinion of the Court

PER CURIAM.

Bennie J. Wiley, Jr., seeks review of the trial court’s final order denying his motion for postconviction relief brought pursuant to Florida Rule of Criminal Procedure 3.800(b). We dismiss because an order denying a motion to mitigate is nonappealable; therefore, this court does not have jurisdiction. See Hallman v. State, 343 So.2d 912 (Fla. 2d DCA 1977); Parker v. State, 214 So.2d 632 (Fla. 2d DCA 1968); Davenport v. State, 414 So.2d 640 (Fla. 1st DCA 1982).

Dismissed.

PARKER, C.J., and PATTERSON and WHATLEY, JJ., concur.

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