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LUSSKIN v. STATE

No. 97-4072.

717 So.2d 1076 (1998)

David LUSSKIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 26, 1998.

Attorney(s) appearing for the Case

H. Dohn Williams, Jr. of H. Dohn Williams, Jr., P.A., Fort Lauderdale, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Leslie T. Campbell, Assistant Attorney General, West Palm Beach, for appellee.

KLEIN, Judge.

David Lusskin appeals an order denying his motion to mitigate sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(c). Such an order is not appealable. Moya v. State, 668 So.2d 279 (Fla. 2d DCA 1996) and cases cited therein.

In his brief, Lusskin does not complain about the merits of the denial of the motion to mitigate, but rather limits his argument to his motion to disqualify the trial...

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