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STATE v. RODRIGUEZ

No. 75-1336.

326 So.2d 245 (1976)

The STATE of Florida, Petitioner, v. Humberto RODRIGUEZ, Respondent.

District Court of Appeal of Florida, Third District.

February 3, 1976.

Attorney(s) appearing for the Case

Richard E. Gerstein, State's Atty., and Charles I. Poole, Asst. State's Atty., for petitioner.

Phillip A. Hubbart, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for respondent.

Before BARKDULL, C.J., and HAVERFIELD and NATHAN, JJ.

PER CURIAM.

By this common law petition for certiorari, the State calls on for review an order by the trial judge mitigating a sentence more than sixty days after he had imposed same and subsequent to a change in the term of the court.

We quash the order here under review. After the expiration of time for filing a motion to mitigate [see: Rule 3.800(b) RCrP], the court lost jurisdiction to mitigate a sentence. State v. Evans, Fla.App. 1969, ...

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