Third District Court of Appeal
State of Florida
Opinion filed November 23, 2022.
Not final until disposition of timely filed motion for rehearing.
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No. 3D22-1514
Lower Tribunal Nos. F20-6820, F20-6263, F20-14272, F20-14273
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Arnold Caso,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from
the Circuit Court for Miami-Dade County, Cristina Miranda, Judge.
Arnold Caso, in proper person.
Ashley Moody, Attorney General, for appellee.
Before EMAS, LINDSEY and GORDO, JJ.
PER CURIAM.
Because the trial court's exercise of discretion in ruling on the merits
of a motion to reduce or mitigate sentence pursuant to Florida Rule of
Criminal Procedure 3.800(c) is not subject to appellate review, we dismiss
this appeal. See Smith v. State,
902 So. 2d 293 (Fla. 3d DCA 2005); Graham
v. State,
845 So. 2d 1016 (Fla. 3d DCA 2003). See also Diaz v. State,
931
So. 2d 1002, 1004 (Fla. 3d DCA 2006) (observing that “an order denying a
motion to reduce or mitigate a sentence is not appealable” but may be
treated as a petition for writ of certiorari where the trial court denied the
motion as untimely without reaching the merits).
Appeal dismissed.
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