Shanise Climpson v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2013 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED SHANISE CLIMPSON, Appellant, v. Case No. 5D13-2581 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed October 18, 2013 3.800 Appeal from the Circuit Court for Marion County, Hale R. Stancil, Judge. Shanise Climpson, Ocala, pro se. No Appearance for Appellee. PER CURIAM. Shanise Climpson appeals from the trial court s order denying her Florida Rule of Criminal Procedure 3.800(c) motion to mitigate her sentence. Because an order denying a motion to mitigate sentence is not appealable, we lack jurisdiction. See Simms v. State, 16 So. 3d 229, 229 (Fla. 5th DCA 2009) (holding that court lacked jurisdiction to consider appeal of order denying rule 3.800(c) motion). Accordingly, we dismiss Climpson s appeal. See Jackson v. State, 936 So. 2d 775, 775 (Fla. 5th DCA 2006) (dismissing appeal of order denying motion to mitigate sentence). DISMISSED. COHEN, BERGER and WALLIS, JJ., concur.

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