HERNANDEZ V. STATE

State: Florida

Court: Florida Southern District Court

Docket No: 3D13-0251

Case Date: 03/13/2013

Plaintiff: HERNANDEZ

Defendant: STATE

Preview:Third District Court of Appeal

State of Florida, January Term, A.D. 2013
Opinion filed March 13, 2013.
Not final until disposition of timely filed motion for rehearing.

No. 3D13-251
Lower Tribunal No. 09-21881

Matthew R. Hernandez,
Appellant, vs.

The State of Florida,
Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Dava J. Tunis, Judge.
Matthew R. Hernandez, in proper person.
Pamela Jo Bondi, Attorney General, for appellee.
Before LAGOA, SALTER and LOGUE, JJ. PER CURIAM.
Matthew Hernandez appeals an order denying his motion to modify or reduce his sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(c). As an order denying a motion to reduce or mitigate a sentence is not appealable, see, e.g., Diaz v. State, 931 So. 2d 1002, 1004 (Fla. 3d DCA 2006), we treat the appeal as a petition for writ of certiorari, see Iglesias v. State, 76 So. 3d 370 (Fla. 3d DCA 2011), and deny the petition.
Rule 3.800(c) allows for a reduction or modification of

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