Hernandez v. State

David HERNANDEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided May 28, 2008.

District Court of Appeal of Florida · decided 2008-05-28

Relies on Banks v. State

Decided 2008-05-28

¶1David Hernandez, in proper person.

¶2Bill McCollum, Attorney General, for appellee.

¶3Before RAMIREZ, SHEPHERD, and ROTHENBERG, JJ.

¶4PER CURIAM.

¶5We dismiss this appeal, as orders denying motions to mitigate brought pursuant to Florida Rule of Criminal Procedure 3.800(c) are not appealable. See Banks v. State,970 So.2d 401 (Fla. 3d DCA 2007). Dismissed.