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FERGUSON v. STATE

No. 3D08-2305.

994 So.2d 1188 (2008)

Ira FERGUSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 12, 2008.

Attorney(s) appearing for the Case

Michael D. Gelety, Fort Lauderdale, for appellant.

Bill McCollum, Attorney General, for appellee.

Before SUAREZ, CORTIÑAS, and ROTHENBERG, JJ.

ROTHENBERG, J.

Because an order denying a motion to mitigate filed pursuant to Florida Rule of Criminal Procedure 3.800(c) is not appealable, we dismiss this appeal. See Mickens v. State, 985 So.2d 681 (Fla. 4th DCA 2008); Williams v. State, 944 So.2d 549 (Fla. 3d DCA 2006).

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