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STATE v. GUTIERREZ

No. 3D08-636.

10 So.3d 158 (2009)

The STATE of Florida, Appellant, v. Joseph GUTIERREZ, Appellee.

District Court of Appeal of Florida, Third District.

March 25, 2009.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, and Douglas J. Glaid, Assistant Attorney General, for appellant.

Grey & Mourin and Juan Mourin, Miami, for appellee.

Before RAMIREZ and CORTIÑAS, JJ. and SCHWARTZ, Senior Judge.

CORTIÑAS, J.

The State of Florida ("State") seeks review of a trial court order granting Joseph Gutierrez's ("defendant") motion to mitigate sentence pursuant to rule 3.800(c) of the Florida Rules of Criminal Procedure. We reverse.

Defendant was charged with attempted second-degree murder and unlawful sale, delivery, or possession of a firearm with an altered or removed serial number. The defendant ultimately pled no contest to the lesser charge of aggravated...

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