History
  • No items yet
midpage
Lavers v. State
2D15-4209
| Fla. Dist. Ct. App. | Apr 19, 2017
|
Check Treatment

*1 NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ANDREW BRADLEY LAVERS, )

)

Appellant, )

)

v. ) Case No. 2D15-4209

)

STATE OF FLORIDA, )

)

Appellee. )

___________________________________ )

Opinion filed April 19, 2017.

Appeal from the Circuit Court for Manatee

County; Debra Johnes Riva and Deno

Economou, Judges.

Howard L. Dimmig, II, Public Defender, and

Richard J. Sanders, Assistant Public

Defender, Bartow, for Appellant.

Pamela Jo Bondi, Attorney General,

Tallahassee, for Appellee.

KHOUZAM, Judge.

In this Anders [1] appeal, Andrew Bradley Lavers seeks review of the order revoking his probation, the resulting sentence, and the order denying his motion for *2 reconsideration of that sentence filed under Florida Rule of Criminal Procedure 3.800(c). We affirm the revocation of Lavers' probation and sentence without comment.

However, "[o]rders denying relief under rule 3.800(c) are not reviewable by appeal." Seward v. State, 912 So. 2d 389, 390 (Fla. 2d DCA 2005). Such an order is reviewable by way of certiorari if the trial court erroneously determines that the motion was untimely. See id. Here, the trial court denied Lavers' motion on the merits. Accordingly, we dismiss the appeal insofar as Lavers seeks review of the order denying his rule 3.800(c) motion. See Adams v. State, 800 So. 2d 741, 741 (Fla. 5th DCA 2001).

Affirmed in part, dismissed in part.

CRENSHAW and BADALAMENTI, JJ., Concur.

- 2 -

[1] Anders v. California, 386 U.S. 738, 741 (1967).

Case Details

Case Name: Lavers v. State
Court Name: District Court of Appeal of Florida
Date Published: Apr 19, 2017
Docket Number: 2D15-4209
Court Abbreviation: Fla. Dist. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.