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705 So. 2d 127

Wiley v. State

District Court of Appeal of Florida

Decided January 23, 1998

District Court of Appeal of Florida · decided 1998-01-23

Relies on 343 So. 2d 912 - Hallman v. State · 414 So. 2d 640 - Clark v. State · 214 So. 2d 632 - Parker v. State

Decided 1998-01-23

PER CURIAM.

¶1Bennie J. Wiley, Jr., seeks review of the trial court’s final order denying his motion for postconviction relief brought pursuant to Florida Rule of Criminal Procedure 3.800(b). We dismiss because an order denying a motion to mitigate is nonappealable; therefore, this court does not have jurisdiction. See Hallman v. State, 343 So.2d 912 (Fla. 2d DCA 1977); Parker v. State, 214 So.2d 632 (Fla. 2d DCA 1968); Davenport v. State, 414 So.2d 640 (Fla. 1st DCA 1982).

¶2Dismissed.

PARKER, C.J., and PATTERSON and WHATLEY, JJ., concur.
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