STATE v. SCHLABACH

No. 4D07-2445.

1 So.3d 1091 (2009)

STATE of Florida, Petitioner, v. Teresa SCHLABACH, Respondent.

District Court of Appeal of Florida, Fourth District.

January 5, 2009.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for petitioner.

Carey Haughwout, Public Defender, and Barbara J. Wolfe, Assistant Public Defender, West Palm Beach, for respondent.


BARZEE FLORES, MARY, Associate Judge.

On February 14, 2007, Schlabach was sentenced to five years imprisonment for a violation of probation. Fifty-four days later, Schlabach filed a motion to reduce or modify her sentence. On May 14, 2007, a notice of hearing was filed and on May 30, 2007, the trial court heard and granted the motion, terminating the balance of Schlabach's sentence.

This court has adopted the view that where a motion to mitigate is timely...

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