Simmons v. State, 779 So. 2d 298 (Fla. 2d DCA 1999). · Go Syfert
Simmons v. State, 779 So. 2d 298 (Fla. 2d DCA 1999). Cases Citing This Book View Copy Cite
4 citation events across 2 distinct courts.
Strongest positive: Matthew A. Tobin v. Ricky D. Dixon (flnd, 2026-05-20)
Top citers, strongest first. 2 distinct citers. How cited ↗
cited Cited "see" Matthew A. Tobin v. Ricky D. Dixon
N.D. Fla. · 2026 · signal: see · confidence high
See Simmons v. State, 779 So. 2d 298 (Fla. 2d DCA 1999). ' Exhibit A. Accordingly, it is ORDERED AND ADJUDGED that Defendant’s Motion for Re- sentencing is DISMISSED.
cited Cited "see" ERIC L. REASE v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2019 · signal: see · confidence high
See Simmons v. State, 779 So. 2d 298 (Fla. 2d DCA 1999).
Retrieving the full opinion text from the archive…
Anthony Lee SIMMONS
v.
STATE of Florida
No. 99-00173.
District Court of Appeal of Florida, Second District.
Apr 7, 1999.
779 So. 2d 298
Campbell, Northcutt, Stringer.
Cited by 3 opinions  |  Published
PER CURIAM.

Anthony Lee Simmons appeals the order denying his motion to mitigate sentence, filed in the circuit court pursuant to Florida Rule of Criminal Procedure 3.850(c). The order is nonappealable. See Knafel v. State, 714 So.2d 1195 (Fla. 2d DCA 1998). Accordingly, this appeal is dismissed.

The trial court denied Simmons’ motion on the ground that it was untimely. Simmons was sentenced on October 5, 1998. According to the certificate of service on his motion, he mailed it from jail 62 days later, on December 6, 1998. It was filed in the circuit court on December 9, 1998. The sixty-day period in which a sentence may be mitigated is a strict jurisdictional limit. See Brantley v. Holloway, 685 So.2d 31 (Fla. 2d DCA 1996). In a limited number of extraordinary cases, review of an order denying a motion to mitigate sentence is appropriate by certiorari.[*299] See Moya v. State, 668 So.2d 279 (Fla. 2d DCA 1996). This is not one of those cases.

Appeal dismissed.

CAMPBELL, A.C.J., and NORTHCUTT and STRINGER, JJ., Concur.