Simms v. State

Jaynanne Simms [“Simms”] seeks to appeal the denial of her Florida Rule of Criminal Procedure 3.800(c) motion for reduction or modification of sentence. She had requested a reduction in her sentence based on the progression of her cancer. Because the denial of a Rule 3.800(c) motion is not subject to appeal, we lack jurisdiction. See Adams v. State, 800 So.2d 741 (Fla. 5th DCA 2001).

After Simms sent a letter to the trial court requesting the reduction, the trial court denied the motion without comment. Unfortunately, the denial order incorrectly informed Simms that she had thirty days in…