Florida District Courts of Appeal, 2010

Sudol v. State

Sudol v. State
Florida District Courts of Appeal · Decided February 12, 2010 · Monaco, Sawaya, Jacobus
29 So. 3d 1155; 2010 Fla. App. LEXIS 1451; 35 Fla. L. Weekly Fed. D 364 (Southern Reporter, Third Series)

Sudol v. State

Opinion

PER CURIAM.

Although the appellant, Anthony Sudol, fashions this appeal as an appeal from a judgment and sentence imposed by the trial court, it appears that Mr. Sudol is actually attempting to appeal an order under Florida Rule of Criminal Procedure 3.800(c) granting a motion for reduction and modification of a sentence. As such an order is not appealable, we dismiss this appeal. See Jackson v. State, 936 So.2d 775 (Fla. 5th DCA 2006); Hunker v. State, 397 So.2d 934 (Fla. 5th DCA 1981). Moreover, if this had been an appeal from a judgment and sentence, we would have affirmed inasmuch as the sentence issued conforms to the plea bargain and is legal.

DISMISSED.

MONACO, C.J., SAWAYA and JACOBUS, JJ., concur.

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