ROBYN M. BATEMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2004-02-25
No. 4D03-1878
STEVENSON, SHAHOOD and MAY, JJ., concur.
866 So. 2d 211 Florida District Court of Appeal, Fourth District (2004) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from the trial court’s denial of the defendant’s motion to modify her sentence, pursuant to Florida Rule of Criminal Procedure 3.800(c). The State correctly argues that the order is not appealable. Lee v. State, 662 So. 2d 731 (Fla. 2d DCA 1995). The appeal is therefore dismissed.

STEVENSON, SHAHOOD and MAY, JJ., concur.


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  • Hurst v. State, 876 So. 2d 1284 (Fla. 4th DCA 2004)
    …So. 2d 1105 (Fla. 4th DCA 2003); Marinelli v. State, 706 So. 2d 1374 (Fla. 2d DCA 1998). As for the partial denial of the “Motion to Reduce or Modify Sentence,” we affirm. The denial of a rule 3.800(c) motion is not appealable, see Bateman v. State, 866 So. 2d 211 (Fla. 4th DCA 2004), and, even if the motion is viewed as filed pursuant to 3.800(a), as argued by Hurst, it was properly denied as the alleged errors are not apparent from the face of the record, see Jackson v. State, 803 So. 2d 842, 844 (Fla. 1st…

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