Viktor Berki v. the State of Florida

Third District Court of Appeal State of Florida Opinion filed January 29, 2020. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D19-2151 Lower Tribunal No. 14-22076A ________________ Viktor Berki, 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, Teresa Mary Pooler, Judge. Viktor Berki, in proper person. Ashley Moody, Attorney General, for appellee. Before FERNANDEZ, LOGUE, and MILLER, JJ. PER CURIAM.  As the lower tribunal’s order denying, on the merits, a Florida Rule of Criminal Procedure 3.800(c) motion to mitigate sentence is not an appealable order, we dismiss the instant appeal. See Smith v. State, 902 So. 2d 293 (Fla. 3d DCA 2005); Ward v. State, 854 So. 2d 260, 261 (Fla. 1st DCA 2003); Graham v. State, 845 So. 2d 1016 (Fla. 3d DCA 2003); Wilson v. State, 846 So. 2d 1220 (Fla. 5th DCA 2003); Lewis v. State, 778 So. 2d 537 (Fla. 3d DCA 2001); Clewis v. State, 715 So. 2d 1129 (Fla. 3d DCA 1998). Dismissed. 2