DIAZ v. STATE

No. 3D06-55.

931 So.2d 1002 (2006)

Vincent DIAZ a/k/a Lazaro Rodriguez, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 7, 2006.


Attorney(s) appearing for the Case

Vincent Diaz, in proper person.

Charles J. Crist, Jr., Attorney General, and Robin F. Hazel, Assistant Attorney General, for appellee.

Before GREEN, FLETCHER, and RAMIREZ, JJ.


GREEN, J.

Appellant, Vincent Diaz a/k/a Lazaro Rodriguez, appeals the trial court's denial of his motion to mitigate sentence on the sole ground that the motion was untimely. We elect to treat this appeal as a timely petition for writ of certiorari and grant it based upon the trial court's erroneous determination that it lacked jurisdiction to consider the motion.

On February 11, 1999, the appellant pled guilty in lower court case number F98-32532 to aggravated...

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