DUCKWORTH v. STATE (2019)

District Court of Appeal of Florida, Third District.

Jerry DUCKWORTH, Appellant, v. The STATE of Florida, Appellee.

No. 3D19-0144

Decided: October 30, 2019

Before FERNANDEZ, MILLER, and GORDO, JJ.

Jerry Duckworth, in proper person. Ashley Moody, Attorney General, for appellee.

Affirmed, without prejudice to the refiling of a timely motion for reduction of sentence in the lower tribunal. See Smith v. State, 407 So. 2d 399, 400 (Fla. 1st DCA 1981) (“Rule 3.800 does, however, give the defendant an opportunity to re-file his motion for reduction of sentence within [sixty] days after receipt of [the] Court's mandate.”).

PER CURIAM.

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