Oser v. State, 97-2817
| Decision Date | 01 October 1997 |
| Docket Number | No. 97-2817,97-2817 |
| Citation | 699 So.2d 844 |
| Parties | 22 Fla. L. Weekly D2296 Ralph OSER, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal of order denying 3.800(c) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Geoffrey D. Cohen, Judge; L.T. Case No. 95-10080 CF10.
Ralph Oser, Moore Haven, pro se.
No appearance required for appellee.
In 1997, appellant filed a motion in the trial court to mitigate his sentence. Although he referred to rule 3.800(b), Florida Rule of Criminal Procedure 3.800, said paragraph is now (c). Amendments to Florida Rule of Appellate Procedure 9.020(g) & Florida Rule of Criminal Procedure 3.800, 675 So.2d 1374 (Fla.1996). The change became effective July 1, 1996.
In Johnson v. State, 543 So.2d 1289 (Fla. 4th DCA 1989), we reaffirmed our earlier position in Adams v. State, 487 So.2d 1209 (Fla. 4th DCA 1986), that orders denying motions to mitigate, such as that made here, were not appealable. Our companion courts agree. See Lee v. State, 662 So.2d 731 (Fla. 2d DCA 1995); Bourjolly v. State, 623 So.2d 870 (Fla. 3d DCA 1993); Daniels v. State, 568 So.2d 63 (Fla. 1st DCA 1990).
Accordingly, we sua sponte dismiss the appeal.
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Anderson v. State, 4D07-826.
...Rule of Criminal Procedure 3.800(c) as a non-appealable order. See Howard v. State, 914 So.2d 455 (Fla.4th DCA 2005); Oser v. State, 699 So.2d 844 (Fla.4th DCA 1997). We encourage the trial court to remove the routine language in its order stating that the defendant has the right to appeal ......