Seeber v. State

956 So.2d 1240 (2007)

Thomas SEEBER, Appellant,

v.

STATE of Florida, Appellee.

No. 4D07-1624.

District Court of Appeal of Florida, Fourth District.

May 23, 2007.

Arthur B. Brandt of Brandt & Gufford, Stuart, for appellant.

No appearance required for appellee.

Appellant filed, without reference to Florida Rule of Criminal Procedure 3.800(c), a motion simply titled "Motion to Modify Sentence." The trial court treated the motion as a rule 3.800(c) motion and, after the sixty-day jurisdictional window expired, denied the motion for lack of jurisdiction. We dismiss the appeal as a non-appealable order. See…