State v. Russell

67 So. 3d 1179, 2011 Fla. App. LEXIS 12976, 2011 WL 3586214
District Court of Appeal of Florida·Decided August 17, 2011·No. No. 4D10-2496·Published·Cited by 1 cases

Opinion

PER CURIAM.

Dismissed. See State v. Gray, 721 So.2d 370, 370-71 (Fla. 4th DCA 1998) (noting that “[pjursuant 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., Associate Judge, concur.

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State v. Russell, 67 So. 3d 1179, 2011 Fla. App. LEXIS 12976, 2011 WL 3586214 (Fla. Ct. App. 2011).

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