Barcelona v. State

974 So.2d 1133 (2008)

Joel BARCELONA, Appellant,

v.

The STATE of Florida, Appellee.

No. 3D07-3207.

District Court of Appeal of Florida, Third District.

February 6, 2008.

Joel Barcelona, in proper person.

Bill McCollum, Attorney General, for appellee.

Before WELLS, ROTHENBERG, and SALTER, JJ.

Joel Barcelona appeals an order denying his motion to mitigate his sentence. We dismiss the appeal as the denial of such an order cannot be appealed. Williams v. State, 944 So.2d 549, 550 (Fla. 3d DCA 2006). While the denial of a motion under Florida Rule of Criminal Procedure 3.800(c) may be treated as a petition…