Casciola v. State

MORRIS, Judge.

Phillip Casciola appeals an order wherein the trial court — as an extension of its denial of Mr. Casciola’s motion to mitigate sentence — refused to return a $90,000 check that Mr. Casciola tendered at the hearing on the motion to mitigate sentence. The check was presented to the court as a partial payment on previously ordered restitution owed to victims in this case.

An order denying a motion to mitigate sentence is not an appealable order. See Moya v. State, 668 So.2d 279, 280 (Fla. 2d DCA 1996); Mann v. State, 26 So.3d 664, 664 (Fla. 3d DCA 2010); Muller v. State, 938 So.2d…