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STATE v. WILLIAMS

No. 4D10-237.

54 So.3d 1085 (2011)

STATE of Florida, Appellant, v. Darrin WILLIAMS, Appellee.

District Court of Appeal of Florida, Fourth District.

March 2, 2011.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Myra J. Fried , Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout , Public Defender, and Susan D. Cline , Assistant Public Defender, West Palm Beach, for appellee.

PER CURIAM.

We affirm the trial court's mitigation of appellant's sentence. Pursuant to Florida Rule of Criminal Procedure 3.800(c), the motion to mitigate was filed within sixty days of imposition, but the hearing on the motion was held more than sixty days from imposition of the original sentence. Recently, in Schlabach v. State, 37 So.3d 230 (Fla.2010), our supreme court construed the time periods of the rule and...

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