Sudol v. State

District Court of Appeal of Florida

Sudol v. State

29 So. 3d 1155, 2010 Fla. App. LEXIS 1451, 35 Fla. L. Weekly Fed. D 364

District Court of Appeal of Florida·Decided February 12, 2010·No. 5D09-1295·Published

Opinion

PER CURIAM.

Although the appellant, Anthony Sudol, fashions this appeal as an appeal from a judgment and sentence imposed by the trial court, it appears that Mr. Sudol is actually attempting to appeal an order under Florida Rule of Criminal Procedure 3.800(c) granting a motion for reduction and modification of a sentence. As such an order is not appealable, we dismiss this appeal. See Jackson v. State, 936 So.2d 775 (Fla. 5th DCA 2006); Hunker v. State, 397 So.2d 934 (Fla. 5th DCA 1981). Moreover, if this had been an appeal from a judgment and sentence, we would have affirmed inasmuch as the sentence issued conforms to the plea bargain and is legal.

DISMISSED.

MONACO, C.J., SAWAYA and JACOBUS, JJ., concur.

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PER CURIAM.

Although the appellant, Anthony Sudol, fashions this appeal as an appeal from a judgment and sentence imposed by the trial court, it appears that Mr. Sudol is actually attempting to appeal an order under Florida Rule of Criminal Procedure 3.800(c) granting a motion for reduction and modification of a sentence. As such an order is not appealable, we dismiss this appeal. See Jackson v. State, 936 So.2d 775 (Fla. 5th DCA 2006); Hunker v. State, 397 So.2d 934 (Fla. 5th DCA 1981). Moreover, if this had been an appeal from a judgment and sentence, we would have affirmed inasmuch as the sentence issued conforms to the plea bargain and is legal.

DISMISSED.

MONACO, C.J., SAWAYA and JACOBUS, JJ., concur.

Sudol v. State, 29 So. 3d 1155, 2010 Fla. App. LEXIS 1451, 35 Fla. L. Weekly Fed. D 364 (Fla. Ct. App. 2010).

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Opinion

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