Falco v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2010 MARYLYNN FALCO, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D09-4577 [September 15, 2010] PER CURIAM. Appellant appeals the denial of her rule 3.800(c) motion for reduction and/or mitigation of sentence. Despite the language in the order of dismissal informing appellant that she had thirty days to appeal, there is no right to appeal from the denial of a rule 3.800(c) motion. See Reeves v. State, 23 So. 3d 1263 (Fla. 4th DCA 2009); Howard v. State, 914 So. 2d 455 (Fla. 4th DCA 2005). Accordingly, we dismiss the appeal for lack of jurisdiction. WARNER, POLEN and LEVINE, JJ., concur. * * * Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Matthew I. Destry, Judge; L.T. Case No. 07020393CF10A. MaryLynn Falco, Fort Lauderdale, pro se. No appearance required for appellee. Not final until disposition of timely filed motion for rehearing.

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