MIGUEL BENITEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court granted the defendant's motion to withdraw the mandate and treated his untimely brief as a motion for rehearing, which was denied.
Appellant was charged, convicted, and sentenced for aggravated battery, later violated probation, and received a longer sentence. He then filed a moti…
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On Motion to Withdraw Mandate
On November 19, 2004, Appellant Miguel Benitez was charged with two counts of aggravated battery. Following Benitez’s plea of guilty, Benitez was adjudicated guilty and sentenced to 366 days of imprisonment followed by three years of probation. Benitez subsequently violated his probation. On December 2, 2008, following a revocation of probation hearing, Ben-itez was sentenced to a total of fifteen years in prison on both counts.
On April 30, 2015, Benitez filed a pro se motion pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedure alleging that his sentence was illegal. The trial court summarily denied Benitez’s motion and. Benitez timely appealed the trial court’s denial. On August 26, 2015, this Court issued its per curiam affirmance of *851the trial court’s • order and our mandate issued on September 25, 2015.
After our affirmance opinion was issued, but prior to the issuance of the mandate, Benitez untimely filed his initial brief "with this Court.1 Benitez then filed several notices of inquiry and letters to this Court which we treat, collectively, as Benitez’s motion- to withdraw our September 25, 2015 mandate. We grant Benitez’s motion to withdraw our mandate. Next, we treat Benitez’s untimely initial brief as a motion for rehearing of our August 26, 2015 affir-mance, which we deny.
We direct the Clerk of this Court to issue a new mandate.