BILLY JOSEPH WELLS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court lacked jurisdiction to reduce the defendant's sentence after the 60-day period following the original sentence, rendering the probation and subsequent revocation void.
The defendant was originally sentenced to prison, but the trial court later reduced the sentence to time served plus probation. The defendant was foun…
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PER CURIAM.
This cause is before us on appeal from a judgment and sentence entered after finding Wells in violation of his probation. We find the trial court lacked jurisdiction to impose probation and, therefore, was without jurisdiction to revoke probation and impose a prison sentence.
The trial court originally sentenced Wells to serve two consecutive five-year prison terms on September 8, 1983, for pleas of guilty to aiding and abetting in the possession of cannabis with the intent to sell and displaying or using a firearm in the commission of a felony. Fifteen months later, after denying Wells’ motions for habeas corpus, for mitigation and reduction of sentence, and for postconviction relief, the trial judge reduced Wells’ sentence to time served plus four years of probation with various conditions. About four months later, Wells was alleged to have violated his probation on numerous occasions. The trial court found Wells in violation of his probation on August 26, 1985, adjudged him guilty, and sentenced him to 15 years of incarceration.
The trial court was without jurisdiction to reduce the sentence after expiration of the 60-day period following the original sentence. See Fla.R.Crim.P. 3.800(b). Thus, the order placing appellant on probation was void and the subsequent order adjudicating him guilty and imposing a 15-year sentence was also void. Bales v. State, 489 So. 2d 888 (Fla. 1st DCA 1986), and Wilson v. State, 487 So. 2d 1130 (Fla. 1st DCA 1986). Accordingly, the judgment and sentence entered upon a finding of a violation of probation are reversed, and the cause is remanded with directions to reinstate the original judgment and sentence with credit for all the time he has served.
BOOTH, C.J., and MILLS and WENT-WORTH, JJ., concur.
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Citator
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Dominguez v. State, 556 So. 2d 499 (Fla. 1st DCA 1990)…the determinative fact since the rule requires that action be taken within sixty days. Rule 3.800(b), Fla. R.Crim.P.; State v. Lapica-Falcon, 519 So. 2d 57 (Fla. 2d DCA 1988); Grosse v. State, 511 So. 2d 688 (Fla. 4th DCA 1987); and Wells v. State, 495 So. 2d 1221 (Fla. 1st DCA 1986). Appellant’s reliance on dicta in Sanchez v. State, 541 So. 2d 1140 (Fla.1989), to the effect that Rule 3.800(b) requires that the motion be made within sixty days, is misplaced since Sanchez involved the question of whether a tr…
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Campos v. Joana Campos, 230 So. 3d 553 (Fla. 1st DCA 2017)…, 576 (Fla. 5th DCA 2014) (mem.) (reversing order of contempt based on a void order); Fisher v. State, 840 So. 2d 325, 330-31 (Fla. 5th DCA 2003) (invalidating as void an order entered after proceeding for which no notice was given); Wells v. State, 495 So. 2d 1221, 1222 (Fla. 1st DCA 1986). (determining order of violation of probation was void where underlying probation order was void). The principle of voiding “proceedings” based on earlier void judgments or orders does not mean what the former husband says…
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Zander Lewis Kelly v. Colston, 977 So. 2d 692 (Fla. 1st DCA 2008)…rs based upon it, were void ah initio. See Dep’t of Transp. v. Bailey, 603 So. 2d 1384, 1386-87 (Fla. 1st DCA 1992) (holding a judgment is void if the court lacked jurisdiction to enter it, and if void, the judgment must be vacated); Wells v. State, 495 So. 2d 1221, 1222 (Fla. 1st DCA 1986) (holding subsequent orders based on a void order were void). The appeal is hereby DISMISSED, and the January 25, 2005, dissolution order and all other orders subsequent to the voluntary dismissal are VACATED. POLSTON and…
Authorities Cited
- Wilson v. State, 487 So. 2d 1130 (Fla. 1st DCA 1986)
- Bales v. State, 489 So. 2d 888 (Fla. 1st DCA 1986)