State v. Russell

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2011 STATE OF FLORIDA, Appellant, v. BRIAN K. RUSSELL, Appellee. No. 4D10-2496 [August 17, 2011] 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., Associate Judge, concur. * * * Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; John J. Hoy, Judge; L.T. Case No. 2007CF014879AMB. Pamela J o Bondi, Attorney General, Tallahassee, a n d Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellant. Craig A. Boudreau, Wellington, for appellee. Not final until disposition of timely filed motion for rehearing.

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