Barrington v. State
District Court of Appeal of Florida
1ConcurrenceWetherell, J.
I fully concur in the dismissal of this appeal, which seeks review of the trial court’s order denying Appellant’s “Motion for Reduction or Modification” filed pursuant to Florida Rule of Criminal Procedure 3.800(c). I write separately to note that the trial court should not have included a statement of appellate rights in the order because the order is not appealable. Accord Howard v. State, 914 So.2d 455 (Fla. 4th DCA 2005) (“[W]e would advise the trial court that the routine language in its order that the defendant has the right to appeal this denial of a rule 3.800(c) motion is incorrect…
2Cases cited3 opinions
- Howard v. StateDistrict Court of Appeal of Florida · 2005
- Mitchell v. StateDistrict Court of Appeal of Florida · 1998
- Walters v. StateDistrict Court of Appeal of Florida · 2008