NIKKI MARTINEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2011-11-09
No. 3D11-2408
Before WELLS, C.J., and SHEPHERD and EMAS, JJ.
77 So. 3d 706 Florida District Court of Appeal, Third District (2011) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Nikki Martinez appeals the denial of his motion to mitigate his sentence under Florida Rule of Criminal Procedure 3.800(c), titled Motion for Modification of Sentence under Rule 3.800, which sought to reduce his two-year prison sentence to 364 days in county jail, followed by probation. A trial court’s denial of a motion to mitigate a sentence under Rule 3.800(c) is not appealable. See Concepcion v. State, 8 So.3d 1223, 1223 (Fla. 3d DCA 2009). Accordingly, we dismiss the appeal.

Appeal dismissed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Moreland v. State, 114 So. 3d 349 (Fla. 3d DCA 2013)
    …r denying his motion to mitigate filed pursuant to Florida Rule of Criminal Procedure 3.800(c). Because an order denying a Rule 3.800(c) motion is not an appealable order, we dismiss the appeal for lack of jurisdiction. See, e.g., Martinez v. State, 77 So. 3d 706 (Fla. 3d DCA 2011).…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw