Florida District Courts of Appeal, 2007

Anderson v. State

Anderson v. State
Florida District Courts of Appeal · Decided April 11, 2007 · Polen, Stevenson, Warner
953 So. 2d 740; 2007 Fla. App. LEXIS 5322; 2007 WL 1062322 (Southern Reporter, Second Series)

Anderson v. State

Opinion of the Court

PER CURIAM.

We dismiss the appeal from the denial on the merits of a motion filed pursuant to Florida Rule of Criminal Procedure 3.800(c) as a non-appealable order. See Howard v. State, 914 So.2d 455 (Fla. 4th DCA 2005); Oser v. State, 699 So.2d 844 (Fla. 4th DCA 1997).

We encourage the trial court to remove the routine language in its order stating that the defendant has the right to appeal this denial of a rule 3.800(c) motion. This language is incorrect. There is no right to appeal a denial of a rule 3.800(c) motion. See Howard.

STEVENSON, C.J., WARNER and POLEN, JJ., concur.

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