NELSON VIERA
v.
THE STATE OF FLORIDA
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Nelson Viera appealed an order denying his motion to mitigate sentence. The Florida District Court of Appeal, Third District, dismissed the appeal for lack of jurisdiction, holding that orders denying motions to mitigate sentence under Florida Rule of Criminal Procedure 3.800(c) are not appealable.
The Court held that it lacks jurisdiction to review the trial court's order denying the motion to mitigate sentence. Orders denying such motions are not appealable, and therefore the appellate court has no jurisdiction to review the trial court's disposition of the motion.
[1] Orders denying motions to mitigate sentence under Florida Rule of Criminal Procedure 3.800(c) are not appealable, and appellate courts lack jurisdiction to review the tri…
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Join FLexlaw to unlock all legal intelligence“An order denying a motion to mitigate sentence under Florida Rule of Criminal Procedure 3.800(c) is not an appealable order.”
Establishes the core holding that such orders are not subject to appellate review
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Join FLexlaw to unlock all legal intelligenceNelson Viera filed a motion to mitigate sentence in the Circuit Court for Miami-Dade County. The trial court denied the motion. Viera then appealed th…
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Opinion filed September 11, 2024. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D24-1197 Lower Tribunal No. F05-30218B ________________
Nelson Viera,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Laura María González-Marqués, Judge. Nelson Viera, in proper person. Ashley Moody, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for appellee. Before LOGUE, C.J., and MILLER and GOODEN, JJ. PER CURIAM.
We dismiss this appeal for lack of jurisdiction. An order denying a motion to mitigate sentence under Florida Rule of Criminal Procedure 3.800(c) is not an appealable order. Staveley v. State, 866 So. 2d 1239, 1240 (Fla. 5th DCA 2004); Daniels v. State, 568 So. 2d 63, 64 (Fla. 1st DCA 1990); Royal v. State, 736 So. 2d 157, 157 (Fla. 3d DCA 1999); Bourjolly v. State, 623 So. 2d 870, 870 (Fla. 3d DCA 1993). “Therefore, this Court has no jurisdiction to review the correctness of the trial court’s disposition of the motion.” Rector v. State, 852 So. 2d 910, 911 (Fla. 1st DCA 2003).
Dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- PIA Psychiatric Hosps., Inc. v. State, 568 So. 2d 63 (Fla. 1st DCA 1990)
- Bourjolly v. State, 623 So. 2d 870 (Fla. 3d DCA 1993)
- Royal v. State, 736 So. 2d 157 (Fla. 3d DCA 1999)
- Staveley v. State, 866 So. 2d 1239 (Fla. 5th DCA 2004)
- Stallworth v. State, 852 So. 2d 910 (Fla. 1st DCA 2003)