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HOWARD v. STATE

No. 4D05-3366.

914 So.2d 455 (2005)

Keith A. HOWARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 7, 2005.

Attorney(s) appearing for the Case

Keith A. Howard, Indiantown, pro se.

No appearance required for appellee.

WARNER, J.

Keith Howard appeals an order denying his motion to mitigate his sentence. Such an order is not appealable, see Oser v. State, 699 So.2d 844 (Fla. 4th DCA 1997), but we treat this as a petition for writ of certiorari, because the denial was based on lack of jurisdiction due to the motion's untimeliness. See Lancaster v. State, 821 So.2d 416 (Fla. 2d DCA 2002). As the motion...

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