Anderson v. State
953 So. 2d 740, 2007 Fla. App. LEXIS 5322, 2007 WL 1062322
Procedural entryThis page is a short order in Anderson v. State. Read the opinion of the Court — 879 So. 2d 688 →
Opinion
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.
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Anderson v. State, 953 So. 2d 740, 2007 Fla. App. LEXIS 5322, 2007 WL 1062322 (Fla. Ct. App. 2007).
953 So. 2d 740 (Anderson v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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)