Anderson v. State

953 So. 2d 740, 2007 Fla. App. LEXIS 5322, 2007 WL 1062322
CourtDistrict Court of Appeal of Florida
DecidedApril 11, 2007
DocketNo. 4D07-826
StatusPublished

This text of 953 So. 2d 740 (Anderson v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. State, 953 So. 2d 740, 2007 Fla. App. LEXIS 5322, 2007 WL 1062322 (Fla. Ct. App. 2007).

Opinion

PER CURIAM.

We dismiss the appeal from the denial on the merits of a motion filed pursuant to Florida 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 this denial of a rule 3.800(c) motion. This language is incorrect. There is no right to appeal a denial of a rule 3.800(c) motion. See Howard.

STEVENSON, C.J., WARNER and POLEN, JJ., concur.

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Related

Howard v. State
914 So. 2d 455 (District Court of Appeal of Florida, 2005)
Oser v. State
699 So. 2d 844 (District Court of Appeal of Florida, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
953 So. 2d 740, 2007 Fla. App. LEXIS 5322, 2007 WL 1062322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-state-fladistctapp-2007.