Legal Opinion

Falco v. State

District Court of Appeal of Florida

Decided September 15, 2010No. 4D09-4577PublishedCited by 3 opinions

1Per curiam

Appellant appeals the denial of her rule 3.800(c) motion for reduction and/or mitigation of sentence. Despite the language in the order of dismissal informing appellant that she had thirty days to appeal, there is no right to appeal from the denial of a rule 3.800(c) motion. See Reeves v. State, 23 So.3d 1263 (Fla. 4th DCA 2009); Howard v. State, 914 So.2d 455 (Fla. 4th DCA 2005). Accordingly, we dismiss the appeal for lack of jurisdiction.

WARNER, POLEN and LEVINE, JJ., concur.

2Cases cited2 opinions

  1. Howard v. StateDistrict Court of Appeal of Florida · 2005
  2. Reeves v. StateDistrict Court of Appeal of Florida · 2009

3Cited by3 opinions

  1. Lee v. StateDistrict Court of Appeal of Florida · 2011
  2. Edwards v. StateDistrict Court of Appeal of Florida · 2011
  3. Mosquera v. StateDistrict Court of Appeal of Florida · 2010