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MARTINEZ v. STATE

No. 4D07-187.

963 So.2d 285 (2007)

Pascual Juan MARTINEZ, Jr., Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

August 1, 2007.

Attorney(s) appearing for the Case

R. Patrick Beatty, Stuart, for petitioner.

Bill McCollum, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for respondent.

ON MOTION FOR REHEARING

PER CURIAM.

Pascual Martinez petitioned this court for a writ of certiorari seeking review of an order striking as untimely his motion to mitigate sentence pursuant to Florida Rule of Criminal Procedure 3.800(c). This petition was previously denied by order. We vacate the order denying the petition, grant the motion for rehearing, and issue this opinion.

Within the sixty-day time limit, counsel filed a rule 3.800(c...

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