ALFRED JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ALFRED JOHNSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
608 So. 2d 138
Florida District Court of Appeal, Fourth District (1992)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. During the course of appellant’s sentencing, after a violation of probation was found, the trial court announced a sentence of thirty (30) months incarceration. Immediately thereafter, the trial court, noting that the appellant would be entitled to credit for service in a rehabilitation program, changed the sentence to three and one-half years. We agree with the state that a trial court acts within its discretion so long as the sentence is changed before the sentencing hearing is concluded, and the trial court does not act for an improper reason. See Farber v. State, 409 So. 2d 71 (Fla. 3d DCA 1982).
GLICKSTEIN, C.J., and ANSTEAD and HERSEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Shepard v. State, 940 So. 2d 545 (Fla. 5th DCA 2006)…he trial court cor [*548] rected its error within an hour. We would initially note that it would certainly have been permissible for the trial court to correct its misstatement prior to the conclusion of the sentencing hearing. See Johnson v. State, 608 So. 2d 138 (Fla. 4th DCA 1992); Farber v. State, 409 So. 2d 71 (Fla. 3d DCA 1982). However, as previously stated by this court, the trial court’s pronouncement becomes final when the sentencing hearing ends. See Colon v. State, 905 So. 2d 1000 (Fla. 5th DCA 20…
Authorities Cited
- Farber v. State, 409 So. 2d 71 (Fla. 3d DCA 1982)