LIRANZO-CRUZATA v. State

29 So. 3d 1220, 2010 Fla. App. LEXIS 3610, 2010 WL 985604
CourtDistrict Court of Appeal of Florida
DecidedMarch 19, 2010
Docket2D09-4332
StatusPublished

This text of 29 So. 3d 1220 (LIRANZO-CRUZATA 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
LIRANZO-CRUZATA v. State, 29 So. 3d 1220, 2010 Fla. App. LEXIS 3610, 2010 WL 985604 (Fla. Ct. App. 2010).

Opinion

KELLY, Judge.

Raul Liranzo-Cruzata appeals the denial of his motion to mitigate sentence pursuant to Florida Rule of Criminal Procedure 3.800(c), as well as an order denying a motion to disqualify the successor judge who ruled on the motion. The denial of a motion to mitigate a sentence is not ap-pealable, Brown v. State, 707 So.2d 1191 (Fla. 2d DCA 1998); accordingly that aspect of this appeal is dismissed. However, the denial of the motion to disqualify the successor judge is reviewable under this court’s jurisdiction to issue writs of prohibition. See Lusskin v. State, 717 So.2d 1076 (Fla. 4th DCA 1998).

The petition for writ of prohibition is denied.

LaROSE and CRENSHAW, JJ., Concur.

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Related

Brown v. State
707 So. 2d 1191 (District Court of Appeal of Florida, 1998)
Lusskin v. State
717 So. 2d 1076 (District Court of Appeal of Florida, 1998)

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Bluebook (online)
29 So. 3d 1220, 2010 Fla. App. LEXIS 3610, 2010 WL 985604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liranzo-cruzata-v-state-fladistctapp-2010.