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ORTIZ v. STATE

No. 4D02-1731.

820 So.2d 1005 (2002)

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

District Court of Appeal of Florida, Fourth District.

June 26, 2002.

Attorney(s) appearing for the Case

David Ortiz, Moore Haven, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

David Ortiz appeals an order of the trial court denying his motion to reduce or modify sentence on the basis that it was untimely filed. The record reveals and the state concedes appellant timely filed his motion within the sixty day period prescribed by Florida Rule Criminal Procedure 3.800(c). We reverse and remand with directions for the trial court to rule on his motion based upon its merits.

STONE, SHAHOOD and GROSS...

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