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STATE v. BACA

No. 96-04661.

707 So.2d 766 (1998)

STATE of Florida, Appellant, v. David BACA, Appellee.

District Court of Appeal of Florida, Second District.

January 9, 1998.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Deborah F. Hogge, Assistant Attorney General, Tampa, for Appellant.

Brian J. Donerly, Tampa, for Appellee.

PER CURIAM.

The State appeals the trial court's order reducing Baca's sentence. The motion to reconsider the sentence was filed 103 days following the dismissal of Baca's appeal. We treat the State's appeal as a petition for writ of certiorari, grant the writ, and quash the order of mitigation.

The State correctly argues that the trial court did not have jurisdiction to reconsider the denial of Baca's motion to reduce...

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