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
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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.
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