Johnston v. State

Cody Stuart Johnston appeals the order denying his amended motion to terminate his sex-offender probation. We dismiss the appeal for two independent reasons.

First, the order is not appealable because trial courts have unbridled discretion to decide whether or not to terminate a defendant’s probation early. See Ziegler v. State, 380 So.2d 564 (Fla. 3d DCA 1980) (“Since the authority [to terminate probation early] conferred on the court by section 948.05 is entirely a matter of grace, we hold that an order denying that relief is non-appealable,”). Second, the appeal was untimely because the…