PHILMON MOWATT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Motion To Mitigate Sentence cases and more on FLexlaw
PER CURIAM.
We reverse the June 11, 2007 circuit court order denying appellant’s motion to mitigate sentence pursuant to Florida Rule of Criminal Procedure 3.800(c), because the lower court does not have jurisdiction while appellant’s direct appeal is pending. See Daniels v. State, 712 So. 2d 765 (Fla.1998); Lindsay v. State, 842 So. 2d 1057 (Fla. 4th DCA 2003). We remand for the lower court to stay the proceedings until the direct appeal is resolved or to dismiss the motion without prejudice to appellant refiling his claim if he receives an adverse ruling on his direct appeal and the lower court regains jurisdiction.
We would also recommend removing the language from orders denying rule 3.800(c) motions which states that the defendant may appeal within 30 days. There is no right to appeal the denial of a rule 3.800(c) motion. Howard v. State, 914 So. 2d 455 (Fla. 4th DCA 2005).
WARNER, STEVENSON and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Armstrong v. State, 989 So. 2d 1291 (Fla. 4th DCA 2008)…meframe within which to refile the motion. The refiled motion merely expanded on arguments raised in the original motion and did not raise new arguments. Therefore, the trial court erred in dismissing the motion as untimely. See also Woods v. State, 963 So. 2d 348, 349 (Fla. 4th DCA 2007) (“Facially insufficient motions should be denied without prejudice to refile a sufficient amended motion within an appropriate time period set forth in the order before dismissal or summary denial can be entertained.”); Brig…
-
Wallace v. State, 249 So. 3d 791 (Fla. 5th DCA 2018)
-
Jaynanne Simms v. State, 16 So. 3d 229 (Fla. 5th DCA 2009)…requesting the reduction, the trial court denied the motion without comment. Unfortunately, the denial order incorrectly informed Simms that she had thirty days in which to appeal, which may have been what prompted her to do so. See Mowatt v. State, 963 So. 2d 348 (Fla. 4th DCA 2007) (recommending removal of language from order denying Rule 3.800(c) that defendant may appeal within thirty days). DISMISSED. GRIFFIN, TORPY and LAWSON, JJ., concur.…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Daniels v. State, 712 So. 2d 765 (Fla. 1998)
- Lowery v. State, 914 So. 2d 455 (Fla. 5th DCA 2005)
- Lindsay v. State, 842 So. 2d 1057 (Fla. 4th DCA 2003)