# Oser v. State

> District Court of Appeal of Florida · October 1, 1997 · 699 So. 2d 844

URL: https://www.frixlaw.com/law-library/cases/7709078

## Case

- **Full name:** Ralph OSER v. STATE of Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** October 1, 1997
- **Citations:** 699 So. 2d 844; 1997 Fla. App. LEXIS 11165; 1997 WL 600387
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Glickstein
- **Judges:** Glickstein, Klein, Pariente
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7709078

## How later opinions describe it (automated extraction)

- holding that order denying a motion to correct, reduce or modify sentence is not ap-pealable
- noting "orders denying motions to mitigate... [are] not appealable"

## Opinion text

GLICKSTEIN, Judge.
In 1997, appellant filed a motion in the trial court to mitigate his sentence. Although he referred to rule 3.800(b), Florida Rule of Criminal Procedure 3.800, said paragraph is now (c). Amendments to Florida Rule of Appellate Procedure 9.020(g) & Florida Rule of Criminal Procedure 3.800, 675 So.2d 1374 (Fla.1996). The change became effective July 1, 1996.
*845 In Johnson v. State, 543 So.2d 1289 (Fla. 4th DCA 1989), we reaffirmed our earlier position in Adams v. State, 487 So.2d 1209 (Fla. 4th DCA 1986), that orders denying motions to mitigate, such as that made here, were not appealable. Our companion courts agree. See Lee v. State, 662 So.2d 731 (Fla. 2d DCA 1995); Bourjolly v. State, 623 So.2d 870 (Fla. 3d DCA 1993); Daniels v. State, 568 So.2d 63 (Fla. 1st DCA 1990).
Accordingly, we sua sponte dismiss the appeal.
KLEIN and PARIENTE, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7709078. Public record. Not legal advice.