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MOWATT v. STATE

No. 4D07-2721.

963 So.2d 348 (2007)

Philmon MOWATT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 22, 2007.

Attorney(s) appearing for the Case

Philmon Mowatt, Fort Lauderdale, pro se.

No appearance required for appellee.

PER CURIAM.

We reverse the June 11, 2007 circuit court order denying appellant's motion to mitigate sentence pursuant to Florida Rule of Criminal Procedure 3.800(c), because the lower court does not have jurisdiction while appellant's direct appeal is pending. See Daniels v. State, 712 So.2d 765 (Fla. 1998); Lindsay v. State, 842 So.2d 1057 (Fla. 4th DCA 2003). We remand for the...

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