Arnold Caso, Appellant, v. The State of Florida, Appellee. (2022)

District Court of Appeal of Florida, Third District.

Arnold Caso, Appellant, v. The State of Florida, Appellee.

No. 3D22-1514

Decided: November 23, 2022

Before EMAS, LINDSEY and GORDO, JJ.

Arnold Caso, in proper person. Ashley Moody, Attorney General, for appellee.

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.

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network