Lewis v. State
Lewis v. State
170 So. 3d 837; 2015 Fla. App. LEXIS 9540; 2015 WL 3876393
(Southern Reporter, Third Series)
Lewis v. State
Opinion of the Court
Paul Lewis appeals an order denying (as untimely) a motion to mitigate sentence pursuant to Florida Rule of Criminal Procedure 3.800(c). While an order denying, on its merits, a motion to mitigate a sentence is not appealable, see e.g., Smith v. State, 902 So.2d 293 (Fla. 3d DCA 2005), the appeal of an order dismissing or denying the motion as untimely may be treated as a petition for writ of certiorari. Iglesias v. State, 76 So.3d. 370 (Fla. 3d DCA 2011). We do so here and, having reviewed the record, conclude the trial court correctly determined the motion was untimely.
Petition dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.