DEJUANE JACKSON
v.
STATE OF FLORIDA
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This direct criminal appeal was dismissed for lack of jurisdiction because it was filed more than thirty days after judgment, and the appellant's motion to reduce sentence did not extend the time to appeal. The court held that a motion under Florida Rule of Criminal Procedure 3.800(c) seeking discretionary reconsideration of sentence does not suspend the appellate timeline.
A motion to reduce sentence under rule 3.800(c) does not extend the time to appeal because it seeks discretionary reconsideration rather than correction of error under rule 3.800(b)(1), which is the only rule 3.800 motion that suspends rendition of the judgment. Therefore, the appeal was untimely and must be dismissed.
[1] A motion for reduction of sentence under Florida Rule of Criminal Procedure 3.800(c) does not suspend the time to file an appeal because such motions are not listed among…
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Join FLexlaw to unlock all legal intelligenceThe appellant was sentenced on October 31, 2017. On November 1, 2017, the appellant filed a Motion to Reduce Sentence under Florida Rule of Criminal P…
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June 4, 2018 PER CURIAM.
This direct criminal appeal was filed December 20, 2017, seeking review of a judgment and sentence rendered over thirty days earlier, on October 31, 2017. The appeal is untimely and must be dismissed for lack of jurisdiction. See Fla. R. App. P. 9.140(b)(3); Miami-Dade County v. Peart, 843 So. 2d 363 (Fla. 3d DCA 2003). We write only to address Appellant’s argument, filed in response to our show-cause order, that the time to appeal was extended by a timely motion for reduction of sentence.
Appellant filed a “Motion to Reduce Sentence” on November 1, 2017, pursuant to Florida Rule of Criminal Procedure 3.800(c). In the motion, Appellant asked the trial court to reconsider its earlier sentence in light of pertinent facts, such as the possible sentencing range and the nature of the charges, as well as the effect the sentence will have on Appellant’s family and the cost of incarceration. The motion properly appeals to the discretion of the sentencing court under rule 3.800(c). It does not allege any error or otherwise seek correction of the judgment and sentence under Florida Rule of Criminal Procedure 3.800(b)(1). Therefore, Appellant’s motion did not extend the time to appeal. Cf. Fla. R. App. P. 9.020(i) (listing rule 3.800(b)(1) motion among the authorized motions that suspend rendition). Accordingly, the appeal is DISMISSED.
Any request for belated appeal must be filed pursuant to Florida Rule of Appellate Procedure 9.141(c).
WETHERELL, RAY, and OSTERHAUS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Bruce A. Miller, Public Defender, and Nicholas Flippo, Assistant Public Defender, Pensacola; Randall J. Etheridge, Pensacola; Andy Thomas, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.