Opinion

Smith v. State

904 So. 2d 534 · District Court of Appeal of Florida · May 25, 2005

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Smith v. State

Opinions in this case

Opinion
Opinion

902 So.2d 293 (2005) Stella Ann SMITH, Appellant, v. The STATE of Florida, Appellee. No. 3D05-446. District Court of Appeal of Florida, Third District. May 25, 2005. Stella Ann Smith, in proper person. Charles J. Crist, Jr., Attorney General, and Michael E. Hantman, Assistant Attorney General, for appellee. Before GREEN, WELLS, and SHEPHERD, JJ. PER CURIAM. The trial court's order denying, on the merits, a Florida Rule of Criminal Procedure 3.800(c) motion to mitigate sentence is not an appealable order. Accordingly, we dismiss this appeal. Ward v. State, 854 So.2d 260, 261 (Fla. 1st DCA 2003); Wilson v. State, 846 So.2d 1220, 1220 (Fla. 5th DCA 2003); Graham v. State, 845 So.2d 1016, 1016 (Fla. 3d DCA 2003); Lewis v. State, 778 So.2d 537, 537 (Fla. 3d DCA 2001); Clewis v. State, 715 So.2d 1129, 1129 (Fla. 3d DCA 1998). Appeal dismissed.

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Parentheticals

noting that, like the “plain view” doctrine, the “plain smell” doctrine provides probable cause to search the location of the smell
Coronado v. State
"The word `detained' is a term of art, having a particular legal meaning in the law enforcement context. To `detain' someone is to hold the person in custody; confine them; or subject them to a compulsory delay. See Black's Law Dictionary 480 (8th ed.2004)."
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