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22 Fla. L. Weekly D2232c

JOSHUA T. BAKER, Appellant, v. STATE OF FLORIDA, Appellee. 2nd District. Criminal law -- Sentencing -- Correction -- Appeals -- Trial court erroneously represented that defendant could appeal order denying his motion to modify or mitigate sentence within thirty days -- Order not appealable

JOSHUA T. BAKER, Appellant, v. STATE OF FLORIDA, Appellee. 2nd District. Case No. 97-03574. Opinion filed September 19, 1997. Appeal pursuant to Fla. R. App. P. 9.140(i) from the Circuit Court for Manatee County; Janette Dunnigan, Judge.

(PER CURIAM.) Joshua T. Baker appeals an order denying his motion to modify or mitigate his sentence pursuant to the 1996 version of Florida Rule of Criminal Procedure 3.800(b). Despite the trial court's representation that he could appeal this order within thirty days, such an order is not appealable. See Lee v. State, 662 So.2d 731 (Fla. 2d DCA 1995). Accordingly, the appeal is dismissed. (DANAHY, A.C.J., and FRANK and ALTENBERND, JJ., Concur.)

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