TARSIS LINHARES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TARSIS LINHARES, APPELLANT,
STATE OF FLORIDA, APPELLEE
36 So. 3d 832
Florida District Court of Appeal, First District (2010)
Positive Treatment
Cited by 2 cases
Opinion of the Court
We dismiss this appeal for lack of jurisdiction. The notice of appeal filed on April 3, 2009, appealing the judgment and sentence, rendered on January 15, 2009, and the order denying Appellant’s 3.800(c) motion to reduce sentence, is untimely. Because the notice of appeal was filed more than 30 days after rendition of the order, this Court is without appellate jurisdiction. See Fla. R.App. P. 9.110(b). A motion to mitigate under rule 3.800(c) is discretionary with the court and is itself not appeal-able. See Riggs v. State, 847 So.2d 1037, 1038 (Fla. 1st DCA 2003).
DISMISSED.
KAHN, ROWE, and MARSTILLER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hutto v. State, 190 So. 3d 698 (Fla. 1st DCA 2016)…PER CURIAM. This appeal- is DISMISSED for lack of jurisdiction. . See Linhares v. State, 36 So. 3d 832, 833 (Fla. 1st DCA 2010) (“Be-' cause the notice of appeal was filed more than 30 days after rendition of the order, this Court is without appellate jurisdiction. See Fla. R. App. P. 9.110(b). A motion to mitigate under rule 3.800(c) is' discretiona…
Authorities Cited
- Anzac Contractors, Inc. v. Team Land Dev., Inc., 847 So. 2d 1037 (Fla. 3d DCA 2003)
- Riggs v. State, 847 So. 2d 1037 (Fla. 1st DCA 2003)