Seeber v. State
2007 WL 1486120
Fla. Dist. Ct. App.2007Check TreatmentThomas SEEBER, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Fourth District.
Arthur B. Brandt of Brandt & Gufford, Stuart, for appellant.
No appearance required for appellee.
PER CURIAM.
Appellant filed, without reference to Florida Rule of Criminal Procedure 3.800(c), a motion simply titled "Motion to Modify Sentence." The trial court treated the motion as a rule 3.800(c) motion and, after the sixty-day jurisdictional window expired, denied the motion for lack of jurisdiction. We dismiss the appeal as a non-appealable order. See State v. Woodard, 866 So. 2d 120 (Fla. 4th DCA 2004); Grosse v. State, 511 So. 2d 688 (Fla. 4th DCA 1987), rev. denied, 519 So. 2d 987 (Fla.1988).
GUNTHER, HAZOURI and MAY, JJ., concur.