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Terry v. State

District Court of Appeal of Florida, Fifth District
Nov 9, 2006
940 So. 2d 1288 (Fla. Dist. Ct. App. 2006)

Opinion

No. 5D06-3019.

November 9, 2006.

Petition for Certiorari Review of Order from the Circuit Court for Brevard County, Lisa Davidson, Judge.

Stephen Terry, Quincy, pro se.

No Appearance for Respondent.


The appellant, Stephen A. Terry, seeks certiorari review of the trial court's order denying his motion filed pursuant to rule 3.800(c), Florida Rules of Criminal Procedure, to mitigate his sentence. An order entered on a rule 3.800(c) motion to reduce or modify a sentence is not appealable, however, it is subject to review in an extraordinary case under this court's certiorari jurisdiction. See Byrd v. State, 920 So.2d 825 (Fla. 2d DCA 2006). As the appellant has failed to demonstrate that he is entitled to certiorari relief, the petition is denied.

DENIED.

PALMER, ORFINGER, and MONACO, JJ., concur.


Summaries of

Terry v. State

District Court of Appeal of Florida, Fifth District
Nov 9, 2006
940 So. 2d 1288 (Fla. Dist. Ct. App. 2006)
Case details for

Terry v. State

Case Details

Full title:Stephen TERRY, Petitioner, v. STATE of Florida, Respondent

Court:District Court of Appeal of Florida, Fifth District

Date published: Nov 9, 2006

Citations

940 So. 2d 1288 (Fla. Dist. Ct. App. 2006)

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Kuehl v. Bradshaw

The denial of a rule 3.800(c) motion to mitigate is not appealable; however, there is a narrow exception that…