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77 So. 3d 706

Martinez v. State

District Court of Appeal of Florida

Decided November 9, 2011

District Court of Appeal of Florida · decided 2011-11-09

Cited by 1 later decisions — most recently May 2013

1 state decisions

Relies on 8 So. 3d 1223 - Concepcion v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2011-11-09

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PER CURIAM.

¶1Nikki Martinez appeals the denial of his motion to mitigate his sentence under Florida Rule of Criminal Procedure 3.800(c), titled Motion for Modification of Sentence under Rule 3.800, which sought to reduce his two-year prison sentence to 364 days in county jail, followed by probation. A trial court’s denial of a motion to mitigate a sentence under Rule 3.800(c) is not appealable. See Concepcion v. State, 8 So.3d 1223, 1223 (Fla. 3d DCA 2009). Accordingly, we dismiss the appeal.

¶2Appeal dismissed.

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