BRUCE A. TESSIER, PETITIONER,
v.
LEROY H. MOE, CIRCUIT JUDGE, RESPONDENT
BRUCE A. TESSIER, PETITIONER,
LEROY H. MOE, CIRCUIT JUDGE, RESPONDENT
485 So. 2d 46
Florida District Court of Appeal, Fourth District (1986)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Petitioner, pro se, seeks a writ of mandamus which we treat as a petition for writ of certiorari and grant. ' The trial court modified petitioner’s sentence by vacating a monetary assessment and imposing fifty hours of community service at the termination of his incarceration in lieu of that assessment. The fifty hours of community service represent an increase in petitioner’s sentence and an increase of a lawful sentence is prohibited. Troupe v. Rowe, 283 So. 2d 857 (Fla.1973); Cherry v. State, 439 So. 2d 998 (Fla. 4th DCA 1983). This matter is remanded to the trial court for further proceedings consistent with this opinion.
CERTIORARI GRANTED.
DOWNEY, GLICKSTEIN and DELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Williams v. State, 578 So. 2d 846 (Fla. 4th DCA 1991)…d that an increase in the sentence at a hearing held later in the day after adjournment of the original sentencing hearing was in contravention of this rule and also was expressly prohibited under the double jeopardy clause. See also Tessier v. Moe, 485 So. 2d 46 (Fla. 4th DCA 1986); Westover v. State, 521 So. 2d 344 (Fla. 2d DCA 1988). Based on the foregoing, the trial court erred in extending the term of probation from five to twelve and a half years after the sentencing hearing was completed. We remand fo…
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Sterling v. State, 682 So. 2d 694 (Fla. 5th DCA 1996)…powers to modify, increase the original sentence given. Trowpe; Committee Notes to 1980 Amendment of Rule 3.800. Imposition of hours of community service at the end of a prison term constitutes an increase in a defendant’s sentence. Tessier v. Moe, 485 So. 2d 46 (Fla. 4th DCA 1986). The addition of a probationary term also represents an increase in a sentence. Dailey v. State, 575 So. 2d 237 (Fla. 2d DCA 1991); Ayala v. State, 585 So. 2d 483 (Fla. 2d DCA 1991); Bickowski v. State, 530 So. 2d 470 (Fla. 5th D…
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Corlie Causey v. State, 623 So. 2d 617 (Fla. 4th DCA 1993)…inal or that Appellant had misled the court in any way. See generally, Goene v. State, 577 So. 2d 1306 (Fla.1991). A court may not increase a valid sentence after it has been imposed. E.g. Troupe v. Rowe, 283 So. 2d 857 (Fla.1973); Tessier v. Moe, 485 So. 2d 46 (Fla. 4th DCA 1986); Cherry v. State, 439 So. 2d 998 (Fla. 4th DCA 1983). The state has submitted no authority indicating that a defendant must agree to all of the terms of a probation order. We note that chapter 948, Florida Statutes, contains no s…
Authorities Cited
- Flazell Troupe v. The Honorable Ellen Morphonios Rowe & the Honorable Paul Baker, 283 So. 2d 857 (Fla. 1973)
- Cherry v. State, 439 So. 2d 998 (Fla. 4th DCA 1983)