Florida District Courts of Appeal, 2010

Linhares v. State

Linhares v. State
Florida District Courts of Appeal · Decided May 28, 2010 · Kahn, Marstiller, Rowe
36 So. 3d 832; 2010 Fla. App. LEXIS 7522; 2010 WL 2134094 (Southern Reporter, Third Series)

Linhares v. State

Opinion of the Court

PER CURIAM.

We dismiss this appeal for lack of jurisdiction. The notice of appeal filed on April 3, 2009, appealing the judgment and sentence, rendered on January 15, 2009, and the order denying Appellant’s 3.800(c) motion to reduce sentence, is untimely. Because the notice of appeal was filed more than 30 days after rendition of the order, this Court is without appellate jurisdiction. See Fla. R.App. P. 9.110(b). A motion to mitigate under rule 3.800(c) is discretionary with the court and is itself not appeal-able. See Riggs v. State, 847 So.2d 1037, 1038 (Fla. 1st DCA 2003).

DISMISSED.

KAHN, ROWE, and MARSTILLER, JJ., concur.

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