BARCELONA v. STATE

No. 3D07-3207.

974 So.2d 1133 (2008)

Joel BARCELONA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 6, 2008.


Attorney(s) appearing for the Case

Joel Barcelona, in proper person.

Bill McCollum, Attorney General, for appellee.

Before WELLS, ROTHENBERG, and SALTER, JJ.


PER CURIAM.

Joel Barcelona appeals an order denying his motion to mitigate his sentence. We dismiss the appeal as the denial of such an order cannot be appealed. Williams v. State, 944 So.2d 549, 550 (Fla. 3d DCA 2006). While the denial of a motion under Florida Rule of Criminal Procedure 3.800(c) may be treated as a petition for writ of certiorari if a trial court mistakenly found the motion to be untimely, see Diaz v...

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