ADAM BARNES, v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA ADAM BARNES, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D12-2451 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed October 3, 2012. An appeal from the Circuit Court for Escambia County. Jan Shackelford, Judge. Nancy A. Daniels, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee. PER CURIAM. To the extent that appellant seeks review of the Judgment and Sentence, the appeal is untimely. Fla. R. App. P. 9.140(b)(3); Winslow v. State, 37 So. 3d 974 (Fla. 1st DCA 2010). To the extent that appellant seeks review of the order denying his motion to modify sentence, the order is not appealable. Winslow, 37 So. 3d at 975. Appellee s Motion to Dismiss Appeal, filed August 25, 2012, is denied as moot. DISMISSED. PADOVANO, THOMAS, and CLARK, JJ., CONCUR. 2

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