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Philip David HUNKER
v.
STATE of Florida
v.
STATE of Florida
No. 80-987.
District Court of Appeal of Florida, Fifth District.
Apr 1, 1981.
Published opinion
James B. Gibson, Public Defender, and Ronald K. Zimmet, Chief, Appellate Division, Asst. Public Defender, Daytona Beach, for appellant., No appearance by appellee.
Church, Cowart, Dauksch, Frank.
Cited by 1 opinion | Published
•COWART, Judge.
An order denying a petition for reduction or modification of sentence under Florida Rule of Criminal Procedure 3.800(b) is discretionary and not appealable. Suggs v. State, 358 So.2d 897 (Fla. 2nd DCA 1978); Hallman v. State, 343 So.2d 912 (Fla.2d DCA 1977), aff’d, 371 So.2d 482 (Fla.1979).
Accordingly, this appeal is
DISMISSED.
DAUKSCH, C. J., and FRANK D. UP-CHURCH, Jr., J., concur.