         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
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                         No. 1D17-5394
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DEJUANE JACKSON,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
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On appeal from the Circuit Court for Escambia County.
Edward P. Nickinson III, Judge.

                          June 4, 2018


PER CURIAM.

     This direct criminal appeal was filed December 20, 2017,
seeking review of a judgment and sentence rendered over thirty
days earlier, on October 31, 2017. The appeal is untimely and
must be dismissed for lack of jurisdiction. See Fla. R. App. P.
9.140(b)(3); Miami-Dade County v. Peart, 843 So. 2d 363 (Fla. 3d
DCA 2003). We write only to address Appellant’s argument, filed
in response to our show-cause order, that the time to appeal was
extended by a timely motion for reduction of sentence.

     Appellant filed a “Motion to Reduce Sentence” on November
1, 2017, pursuant to Florida Rule of Criminal Procedure 3.800(c).
In the motion, Appellant asked the trial court to reconsider its
earlier sentence in light of pertinent facts, such as the possible
sentencing range and the nature of the charges, as well as the
effect the sentence will have on Appellant’s family and the cost of
incarceration. The motion properly appeals to the discretion of
the sentencing court under rule 3.800(c). It does not allege any
error or otherwise seek correction of the judgment and sentence
under Florida Rule of Criminal Procedure 3.800(b)(1). Therefore,
Appellant’s motion did not extend the time to appeal. Cf. Fla. R.
App. P. 9.020(i) (listing rule 3.800(b)(1) motion among the
authorized motions that suspend rendition). Accordingly, the
appeal is DISMISSED.

    Any request for belated appeal must be filed pursuant to
Florida Rule of Appellate Procedure 9.141(c).

WETHERELL, RAY, and OSTERHAUS, JJ., concur.

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    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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Bruce A. Miller, Public Defender, and Nicholas Flippo, Assistant
Public Defender, Pensacola; Randall J. Etheridge, Pensacola;
Andy Thomas, Public Defender, and Steven L. Seliger, Assistant
Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.




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