Climpson v. State

District Court of Appeal of Florida

Climpson v. State

123 So. 3d 669, 2013 WL 5658240, 2013 Fla. App. LEXIS 16596

District Court of Appeal of Florida·Decided October 18, 2013·No. No. 5D13-2581·Published

Opinion

PER CURIAM.

Shanise Climpson appeals from the trial court’s order denying her Florida Rule of Criminal Procedure 3.800(c) motion to mitigate her sentence. Because an order denying a motion to mitigate sentence is not appealable, we lack jurisdiction. See Simms v. State, 16 So.3d 229, 229 (Fla. 5th DCA 2009) (holding that court lacked jurisdiction to consider appeal of order denying rule 3.800(c) motion). Accordingly, we dismiss Climpson’s appeal. See Jackson v. State, 936 So.2d 775, 775 (Fla. 5th DCA 2006) (dismissing appeal of order denying motion to mitigate sentence).

DISMISSED.

COHEN, BERGER and WALLIS, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Shanise Climpson appeals from the trial court’s order denying her Florida Rule of Criminal Procedure 3.800(c) motion to mitigate her sentence. Because an order denying a motion to mitigate sentence is not appealable, we lack jurisdiction. See Simms v. State, 16 So.3d 229, 229 (Fla. 5th DCA 2009) (holding that court lacked jurisdiction to consider appeal of order denying rule 3.800(c) motion). Accordingly, we dismiss Climpson’s appeal. See Jackson v. State, 936 So.2d 775, 775 (Fla. 5th DCA 2006) (dismissing appeal of order denying motion to mitigate sentence).

DISMISSED.

COHEN, BERGER and WALLIS, JJ., concur.

Climpson v. State, 123 So. 3d 669, 2013 WL 5658240, 2013 Fla. App. LEXIS 16596 (Fla. Ct. App. 2013).

Pincite

123 So. 3d 669 (Climpson v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related