STATE OF FLORIDA, PETITIONER,
v.
A. KARL STEVENS, JR., RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The circuit court lacked jurisdiction to modify a sentence while an appeal of that sentence was pending.
The State appealed a sentence where adjudication was withheld and the defendant was sentenced to community control followed by probation. While the ap…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Modification Of Sentence cases and more on FLexlaw
PER CURIAM.
The State petitions this court for a writ of certiorari quashing the order of the circuit court converting Karl Stevens’ sentence from community control to probation. We grant the petition.
Stevens pled guilty to three felony counts. The circuit court withheld adjudication and sentenced him to two years community control to be followed by two years probation. The State appealed the sentence arguing that the withholding of adjudication in this case amounted to an illegal sentence. While that appeal was pending and after the expiration of the sixty-day period for modifying the sentence under Florida Rule of Criminal Procedure 3.800(b), the circuit court mitigated Stevens’ sentence by converting the community control to probation.
The State argues that the circuit court lacked jurisdiction to modify Stevens’ sentence while the appeal of that sentence was pending. We agree. See Wolfson v. State, 437 So. 2d 174 (Fla. 2d DCA 1984). Depending upon the outcome of the direct appeal, Stevens may seek modification of the sentence within sixty days of the circuit court’s receipt of this court's mandate in that case. See Fla.R.Crim.P. 3.800(b); State v. Johns, 576 So. 2d 1332 (Fla. 5th DCA 1991).
Petition for writ of certiorari granted.
DANAHY, A.C.J., and SCHOONOVER and PARKER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
L'Heureux v. State, 968 So. 2d 628 (Fla. 2d DCA 2007)…on an original appeal.” “Thus, the rules of criminal procedure clearly permit the sentencing judge to modify the defendant’s sentence after affirmance on appeal.” State v. Johns, 576 So. 2d 1332, 1335 (Fla. 5th DCA 1991); see also State v. Stevens, 616 So. 2d 995, 996 (Fla. 2d DCA 1992). Therefore, although we reverse Mr. L’Heureux’s restitution orders and otherwise affirm his convictions and sentences, the trial court may timely reimpose restitution on remand pursuant to the requirements of rule 3.800(c).…
-
Campbell v. State, 638 So. 2d 618 (Fla. 2d DCA 1994)…PER CURIAM. Jimmy D. Campbell appeals the summary denial of his motion for postconviction relief. This is the third time this motion has been presented to this court. See Campbell v. State, 616 So. 2d 995 (Fla. 2d DCA 1992); Campbell v. State, 624 So. 2d 842 (Fla. 2d DCA 1993). Previously, this court has held that only issue which may have merit is Campbell’s allegation that his counsel was ineffective for failure to properly investigate the possib…
-
Campbell v. State, 624 So. 2d 842 (Fla. 2d DCA 1993)…[*843] PER CURIAM. Jimmy D. Campbell appeals the summary denial of his motion for postconviction relief. We reverse. In Campbell v. State, 616 So. 2d 995 (Fla. 2d DCA 1992), we remanded for further consideration of one issue raised in Campbell’s motion: whether his trial attorney was ineffective for not investigating the possible existence of crucial “medical witnesses.” After remand the trial court…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wolfson v. State, 437 So. 2d 174 (Fla. 2d DCA 1983)
- State v. Johns, 576 So. 2d 1332 (Fla. 5th DCA 1991)