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Ramon HERRERA, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal2010-01-06No. No. 4D08-2499
25 So. 3d 646

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Opinion

majority 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.