Mitchell E. Fox v. State of Florida

We affirm the order denying a motion to withdraw plea filed pursuant to Florida Rule of Criminal Procedure 3.170(0 because the motion was untimely filed.

Pursuant to a plea bargain, on August 2, 2010, appellant entered a plea of no contest to organized scheme to defraud. In September 2010, he was sentenced to ten years in prison followed by twenty years of probation. No appeal was taken from this judgment and sentence.

On October 3, 2011, appellant moved for a “downward departure” of his sentence, which was, in essence, a motion to mitigate. On December 8, 2011, the trial court granted the…