Herrera v. State

25 So. 3d 646, 2010 Fla. App. LEXIS 22, 2010 WL 22691

Opinion

PER CURIAM.

We affirm appellant’s conviction and sentence, concluding that the trial court did not err in denying appellant’s motion to withdraw his plea. Appellant also argues that the court erred in denying his motion to mitigate sentence as untimely. While we affirm, our affirmance is without prejudice to appellant moving to mitigate within sixty days of the mandate, as provided in Florida Rule of Criminal Procedure 3.800(c).

GROSS, C.J., WARNER and LEVINE, JJ., concur.