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STATE v. RUSSELL

No. 4D10-2496.

67 So.3d 1179 (2011)

STATE of Florida, Appellant, v. Brian K. RUSSELL, Appellee.

District Court of Appeal of Florida, Fourth District.

August 17, 2011.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Heidi L. Bettendorf , Assistant Attorney General, West Palm Beach, for appellant.

Craig A. Boudreau , Wellington, for appellee.

PER CURIAM.

Dismissed. See State v. Gray, 721 So.2d 370, 370-71 (Fla. 4th DCA 1998) (noting that "[p]ursuant to Florida Rule of Appellate Procedure 9.140(c)(1), the state can appeal an illegal sentence or a downward departure sentence," but finding no authority for the state to appeal a modification of probation because such action is not a sentence).

STEVENSON, GROSS, JJ., and STREITFELD, JEFFREY E...

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