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56 So. 3d 113

Lee v. State

District Court of Appeal of Florida · decided 2011-03-09

Cited by 1 later decisions — most recently April 2012

1 state decisions

Relies on Falco v. State · 26 So. 3d 664 - Mann v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2011-03-09

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LAGOA, J.

¶1Appellant, Isaac Lee, appeals from an order denying his motion for mitigation of sentence filed pursuant to Rule 3.800(c), Florida Rule of Criminal Procedure. We dismiss the appeal.

¶2Notwithstanding the language in the trial court’s order of dismissal, the denial of a Rule 3.800(c) motion to mitigate is not an appealable order. See Mann v. State, 26 So.3d 664 (Fla. 3d DCA 2010); Falco v. State, 44 So.3d 198, 198 (Fla. 4th DCA 2010) (“Despite the language in the order of dismissal informing appellant that she *114had thirty days to appeal, there is no right to appeal from the denial of a rule 3.800(c) motion.”). Accordingly, we dismiss the appeal for lack of jurisdiction.

¶3Appeal dismissed.

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