Williams v. State

RYDER, Chief Judge.

Lester Williams appeals the summary denial of his pro se motion for mitigation or reduction of sentence. We recognize that the denial of a motion to mitigate is not appealable. Davenport v. State, 414 So.2d 640 (Fla. 1st DCA 1982). However, we regard Williams’ motion as seeking correction of an unlawfully excessive sentence, an issue which may be raised at any time. Gonzalez v. State, 392 So.2d 334 (Fla. 3d DCA 1981).

Williams entered pleas of guilty to burglary of a conveyance, a third degree felony proscribed by section 810.02, Florida Statutes (1983), and to resisting…