Florida District Courts of Appeal, 2013

Climpson v. State

Climpson v. State
Florida District Courts of Appeal · Decided October 18, 2013 · Berger, Cohen, Wallis
123 So. 3d 669; 2013 WL 5658240; 2013 Fla. App. LEXIS 16596 (Southern Reporter, Third Series)

Climpson v. State

Opinion of the Court

PER CURIAM.

Shanise Climpson appeals from the trial court’s order denying her Florida Rule of Criminal Procedure 3.800(c) motion to mitigate her sentence. Because an order denying a motion to mitigate sentence is not appealable, we lack jurisdiction. See Simms v. State, 16 So.3d 229, 229 (Fla. 5th DCA 2009) (holding that court lacked jurisdiction to consider appeal of order denying rule 3.800(c) motion). Accordingly, we dismiss Climpson’s appeal. See Jackson v. State, 936 So.2d 775, 775 (Fla. 5th DCA 2006) (dismissing appeal of order denying motion to mitigate sentence).

DISMISSED.

COHEN, BERGER and WALLIS, JJ., concur.

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