Legal Opinion

Edwards v. State

District Court of Appeal of Florida

Decided January 28, 2011No. 1D10-5748Published

1Per curiam

Appellant seeks review of the trial court’s order denying his motion to mitigate his sentence pursuant to Florida Rule of Criminal Procedure 3.800(c). This is not an appealable order. See, e.g., Mitchell v. State, 719 So.2d 1258 (Fla. 1st DCA 1998). The fact that the order included the statement that “[t]he Defendant shall have thirty (30) days from the date this Order is filed to take an appeal by filing a Notice of Appeal with the Clerk of Court” does not transform the order into an ap-pealable order. See Falco v. State, 44 So.3d 198 (Fla. 4th DCA 2010). This boilerplate language is…

2Cases cited3 opinions

  1. Howard v. StateDistrict Court of Appeal of Florida · 2005
  2. Mitchell v. StateDistrict Court of Appeal of Florida · 1998
  3. Falco v. StateDistrict Court of Appeal of Florida · 2010

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API