Florida District Courts of Appeal, 2003

Cunningham v. State

Cunningham v. State
Florida District Courts of Appeal · Decided July 11, 2003 · Ervin, Padovano, Polston
849 So. 2d 1125; 2003 Fla. App. LEXIS 10370; 2003 WL 21554565 (Southern Reporter, Second Series)

Cunningham v. State

Opinion of the Court

PER CURIAM.

We dismiss this appeal for lack of jurisdiction. The motion for reduction of sentence pursuant to Florida Rule of Criminal Procedure 3.800(c), is addressed to the discretion of the trial court. Therefore, this Court has no jurisdiction to review the correctness of the trial court’s disposition of the motion. Daniels v. State, 568 So.2d 63 (Fla. 1st DCA 1990). This dismissal is without prejudice to any right the appellant might have to seek a belated appeal of his motion to withdraw his plea pursuant to Florida Rule of Appellate Procedure 9.141(c).

DISMISSED.

ERVIN, PADOVANO and POLSTON, JJ., concur.

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