Florida District Courts of Appeal, 2010

Herrera v. State

Herrera v. State
Florida District Courts of Appeal · Decided January 6, 2010 · Gross, Warner, Levine
25 So. 3d 646; 2010 Fla. App. LEXIS 22; 2010 WL 22691 (Southern Reporter, Third Series)

Herrera v. State

Opinion

PER CURIAM.

We affirm appellant’s conviction and sentence, concluding that the trial court did not err in denying appellant’s motion to withdraw his plea. Appellant also argues that the court erred in denying his motion to mitigate sentence as untimely. While we affirm, our affirmance is without prejudice to appellant moving to mitigate within sixty days of the mandate, as provided in Florida Rule of Criminal Procedure 3.800(c).

GROSS, C.J., WARNER and LEVINE, JJ., concur.

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