Suggs v. State, 78-717

Decision Date17 May 1978
Docket NumberNo. 78-717,78-717
PartiesPaul Timothy SUGGS, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

PER CURIAM.

Paul Timothy Suggs takes this appeal from the denial of his pro se motion denominated "Motion to Vacate, Set Aside, or Correct Sentence; Hearing, Appeal Rule 3.850." Appellant does not challenge the legality of the judgments or sentences against him. Rather, he seeks a reduction in his ten-year sentences for armed robbery and attempted first degree murder on the basis of certain factors which might be construed as mitigating.

Such relief is properly sought under Fla.R.Crim.P. 3.800, and not under Fla.R.Crim.P. 3.850. No appeal lies from the denial of a motion for reduction of a legal sentence filed pursuant to Fla.R.Crim.P. 3.800. Parker v. State, 214 So.2d 632 (Fla. 2d DCA 1968).

Accordingly, this appeal is dismissed.

HOBSON, A. C. J., and SCHEB and DANAHY, JJ., concur.

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12 cases
  • Alexander v. Secretary, Dept. of Corrections
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • April 8, 2008
    ...court based on mitigating circumstances. See Williams v. State, 907 So.2d 1224, 1225 (Fla.Dist.Ct. App.2005); Suggs v. State, 358 So.2d 897, 897 (Fla.Dist.Ct.App.1978). We now review our precedent about tolling motions under § B. Our Precedent in Bridges and Sibley In Bridges v. Johnson, 28......
  • Alexander v. Secretary, Dept. of Corrections
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • March 3, 2008
    ...court based on mitigating circumstances. See Williams v. State, 907 So.2d 1224, 1225 (Fla.Dist.Ct. App.2005); Suggs v. State, 358 So.2d 897, 897 (Fla.Dist.Ct.App.1978). We now review our precedent about tolling motions under § B. Our Precedent in Bridges and Sibley In Bridges v. Johnson, 28......
  • Rogers v. State, 5D04-4040.
    • United States
    • Florida Supreme Court
    • October 21, 2005
    ... ... 3.800. Hallman v. State, 371 So.2d 482 (Fla.1979), affirming, 343 So.2d 912 (Fla. 2d DCA 1977); Suggs" v. State, 358 So.2d 897 (Fla. 2d ... DCA 1978); Parker v. State, 214 So.2d 632 (Fla. 2d DCA 1968) ...         Id. (footnote omitted) ...  \xC2" ... ...
  • Ziegler v. State, 79-950
    • United States
    • Florida District Court of Appeals
    • March 4, 1980
    ...under Fla.R.Crim.P. 3.800. Hallman v. State, 371 So.2d 482 (Fla.1979), affirming, 343 So.2d 912 (Fla. 2d DCA 1977); Suggs v. State, 358 So.2d 897 (Fla. 2d DCA 1978); Parker v. State, 214 So.2d 632 (Fla. 2d DCA 1968). Appeal dismissed. 1 We reject the appellant's contention that jurisdiction......
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