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Suggs v. State

District Court of Appeal of Florida, Second District
May 17, 1978
358 So. 2d 897 (Fla. Dist. Ct. App. 1978)

Opinion

No. 78-717.

May 17, 1978.

Appeal from the Circuit Court, Hillsborough County, Morton J. Hanlon, J.


Paul Timothy Suggs takes this appeal from the denial of his pro se motion denominated "Motion to Vacate, Set Aside, or Correct Sentence; Hearing, Appeal Rule 3.850." Appellant does not challenge the legality of the judgments or sentences against him. Rather, he seeks a reduction in his ten-year sentences for armed robbery and attempted first degree murder on the basis of certain factors which might be construed as mitigating.

Such relief is properly sought under Fla.R.Crim.P. 3.800, and not under Fla.R.Crim.P. 3.850. No appeal lies from the denial of a motion for reduction of a legal sentence filed pursuant to Fla.R.Crim.P. 3.800. Parker v. State, 214 So.2d 632 (Fla. 2d DCA 1968).

Accordingly, this appeal is dismissed.

HOBSON, A.C.J., and SCHEB and DANAHY, JJ., concur.


Summaries of

Suggs v. State

District Court of Appeal of Florida, Second District
May 17, 1978
358 So. 2d 897 (Fla. Dist. Ct. App. 1978)
Case details for

Suggs v. State

Case Details

Full title:PAUL TIMOTHY SUGGS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: May 17, 1978

Citations

358 So. 2d 897 (Fla. Dist. Ct. App. 1978)

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