Carter v. State

Jimmy W. Carter has appealed from an order of the trial court denying his motion for reduction or modification of a legal sentence, pursuant to Rule 3.800(b), Florida Rules of Criminal Procedure. An order denying a motion pursuant to this rule is nonappealable. Alexander v. State, 553 So.2d 312 (Fla. 1st DCA 1989). However, we elect to treat the appeal as a petition for writ of certiorari, Dominguez v. State, 556 So.2d 499 (Fla. 1st DCA 1990), and deny it.

Carter pled nolo contendere to several counts of robbery and the trial court imposed sentence on October 10, 1991. Rule 3.800(b), Florida…