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Anthony SUDOL, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal2010-02-12No. No. 5D09-1295
29 So. 3d 1155

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Opinion

majority opinion

PER CURIAM.

Although the appellant, Anthony Sudol, fashions this appeal as an appeal from a judgment and sentence imposed by the trial court, it appears that Mr. Sudol is actually attempting to appeal an order under Florida Rule of Criminal Procedure 3.800(c) granting a motion for reduction and modification of a sentence. As such an order is not appealable, we dismiss this appeal. See Jackson v. State, 936 So.2d 775 (Fla. 5th DCA 2006); Hunker v. State, 397 So.2d 934 (Fla. 5th DCA 1981). Moreover, if this had been an appeal from a judgment and sentence, we would have affirmed inasmuch as the sentence issued conforms to the plea bargain and is legal.

DISMISSED.

MONACO, C.J., SAWAYA and JACOBUS, JJ., concur.