CASCIOLA v. STATE

No. 2D09-516.

37 So.3d 347 (2010)

Phillip CASCIOLA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 22, 2010.


Attorney(s) appearing for the Case

Stephen P. Tourtelot of The Daley Law Office, P.A., Tallahassee, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Richard M. Fishkin, Assistant Attorney General, Tampa, for Appellee.


MORRIS, Judge.

Phillip Casciola appeals an order wherein the trial court—as an extension of its denial of Mr. Casciola's motion to mitigate sentence—refused to return a $90,000 check that Mr. Casciola tendered at the hearing on the motion to mitigate sentence. The check was presented to the court as a partial payment on previously ordered restitution owed to victims in this case.

An order denying a motion to mitigate sentence is not an appealable...

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