Florida District Courts of Appeal, 2011

Lee v. State

Florida District Courts of Appeal · Decided March 9, 2011 · Cortinas, Gersten, Lagoa

56 So. 3d 113; 2011 Fla. App. LEXIS 3193; 2011 WL 798894 (Southern Reporter, Third Series)

Cases that cite this one

1 later published case cites this decision.

Capote v. State (Fla. Dist. Ct. App. 2012)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

LAGOA, J.

Appellant, Isaac Lee, appeals from an order denying his motion for mitigation of sentence filed pursuant to Rule 3.800(c), Florida Rule of Criminal Procedure. We dismiss the appeal.

Notwithstanding the language in the trial court’s order of dismissal, the denial of a Rule 3.800(c) motion to mitigate is not an appealable order. See Mann v. State, 26 So.3d 664 (Fla. 3d DCA 2010); Falco v. State, 44 So.3d 198, 198 (Fla. 4th DCA 2010) (“Despite the language in the order of dismissal informing appellant that she *114had thirty days to appeal, there is no right to appeal from the denial of a rule 3.800(c) motion.”). Accordingly, we dismiss the appeal for lack of jurisdiction.

Appeal dismissed.

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