Lewis v. State

Opinion

Third District Court of Appeal State of Florida

Opinion filed June 24, 2015. Not final until disposition of timely filed motion for rehearing.

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No. 3D15-1045 Lower Tribunal Nos. 81-25758C & 81-27294B ________________

Paul Lewis, Petitioner,

vs.

The State of Florida, Respondent.

On Petition for Writ of Certiorari to the Circuit Court for Miami-Dade County, Stephen T. Millan, Judge.

Paul Lewis, in proper person.

Pamela Jo Bondi, Attorney General, for respondent.

Before SUAREZ, LAGOA, and FERNANDEZ, JJ.

SUAREZ, J.

Paul Lewis appeals an order denying (as untimely) a motion to mitigate

sentence pursuant to Florida Rule of Criminal Procedure 3.800(c). While an order denying, on its merits, a motion to mitigate a sentence is not appealable, see e.g.,

Smith v. State, 902 So. 2d 293 (Fla. 3d DCA 2005), the appeal of an order

dismissing or denying the motion as untimely may be treated as a petition for writ

of certiorari. Iglesias v. State, 76 So. 3d 370 (Fla. 3d DCA 2011). We do so here

and, having reviewed the record, conclude the trial court correctly determined the

motion was untimely.

Petition dismissed.