STATE v. DELVALLE

No. 99-0981.

745 So.2d 541 (1999)

STATE of Florida, Appellant, v. Carlos DELVALLE, Appellee.

District Court of Appeal of Florida, Fourth District.

December 8, 1999.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for appellant.

Carlos Delvalle, Florida City, pro se.


PER CURIAM.

The State attempts to appeal the trial court's order granting the Defendant's 3.800(a) motion, even though the Defendant has yet to be resentenced. The State argues that this Court has jurisdiction to hear this appeal pursuant to Florida Rule of Appellate Procedure 9.140(c)(1)(M) and section 924.066(2) of the Florida Statutes. We disagree.

Rule 9.140(c)(1) enumerates several types of orders from which the State may appeal in a criminal case. Rule...

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