Florida District Courts of Appeal, 2011

Martinez v. State

Florida District Courts of Appeal · Decided November 9, 2011 · Emas, Shepherd, Wells

77 So. 3d 706; 2011 Fla. App. LEXIS 17777; 2011 WL 5375074 (Southern Reporter, Third Series)

Cases that cite this one

1 later published case cites this decision.

Moreland v. State (Fla. Dist. Ct. App. 2013)

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

PER CURIAM.

Nikki Martinez appeals the denial of his motion to mitigate his sentence under Florida Rule of Criminal Procedure 3.800(c), titled Motion for Modification of Sentence under Rule 3.800, which sought to reduce his two-year prison sentence to 364 days in county jail, followed by probation. A trial court’s denial of a motion to mitigate a sentence under Rule 3.800(c) is not appealable. See Concepcion v. State, 8 So.3d 1223, 1223 (Fla. 3d DCA 2009). Accordingly, we dismiss the appeal.

Appeal dismissed.

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