Seeber v. State

956 So. 2d 1240, 2007 WL 1486120
District Court of Appeal of Florida·Decided May 23, 2007·No. 4D07-1624·Published·Cited by 2 cases

Opinion

956 So.2d 1240 (2007)

Thomas SEEBER, Appellant,
v.
STATE of Florida, Appellee.

No. 4D07-1624.

District Court of Appeal of Florida, Fourth District.

May 23, 2007.

Arthur B. Brandt of Brandt & Gufford, Stuart, for appellant.

No appearance required for appellee.

PER CURIAM.

Appellant filed, without reference to Florida Rule of Criminal Procedure 3.800(c), a motion simply titled "Motion to Modify Sentence." The trial court treated the motion as a rule 3.800(c) motion and, after the sixty-day jurisdictional window expired, denied the motion for lack of jurisdiction. We dismiss the appeal as a non-appealable order. See State v. Woodard, 866 So.2d 120 (Fla. 4th DCA 2004); Grosse v. State, 511 So.2d 688 (Fla. 4th DCA 1987), rev. denied, 519 So.2d 987 (Fla.1988).

GUNTHER, HAZOURI and MAY, JJ., concur.

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Seeber v. State, 956 So. 2d 1240, 2007 WL 1486120 (Fla. Ct. App. 2007).

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