JERRY DUCKWORTH, vs THE STATE OF FLORIDA,

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Third District Court of Appeal State of Florida Opinion filed October 30, 2019. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D19-0144 Lower Tribunal No. 17-74-AP ________________ Jerry Duckworth, Appellant, vs. The State of Florida, Appellee. An appeal conducted pursuant to Anders v. California, 386 U.S. 738 (1967), from the Circuit Court for Monroe County, Luis M. Garcia, Judge. Jerry Duckworth, in proper person. Ashley Moody, Attorney General, for appellee. Before FERNANDEZ, MILLER, and GORDO, JJ. PER CURIAM. 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 refile his motion for reduction of sentence within [sixty] days after receipt of [the] Court’s mandate.”). 2

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