ARTHUR SYVERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1995-09-08
No. 95-1008
PETERSON, C.J. and GOSHORN, J., concur.
659 So. 2d 1344 Florida District Court of Appeal, Fifth District (1995) Negative Treatment
Cited by 12 cases

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.

Synopsis

Syverson appeals the trial court's reduction of provisional jail credit awarded at sentencing. The court reversed because the trial court lacked jurisdiction to modify the sentence more than 60 days after imposition, violating the jurisdictional limits of Florida Rule of Criminal Procedure 3.800(b).


Holding

The trial court lacked jurisdiction to modify the sentence because it attempted to correct a legal sentence outside the 60-day window permitted by rule 3.800(b). Although rule 3.800(a) allows correction of illegal sentences at any time, the original sentence was legal because Syverson received jail credit within the guidelines and statutory maximum.


Headnotes

[1] A trial court lacks jurisdiction to modify a legal sentence more than 60 days after its imposition.

[2] A trial court may modify or reduce a legal sentence pursuant to rule 3.800(b) within 60 days after the sentence has been imposed.

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Key Quotes

“the trial court lacked jurisdiction to modify Syverson's sentence more than 60 days after its imposition”

Statement of the core holding regarding jurisdictional limits

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Facts & Procedural History

Syverson pled guilty to attempted second-degree murder and attempted robbery, receiving a six-year sentence followed by two years of probation. He vio…

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Opinion of the Court
THOMPSON, Judge.

THOMPSON, Judge.

Arthur Syverson timely appeals the denial of his motion to correct his sentence filed pursuant to Florida Rule of Criminal Procedure 3.800. On appeal, Syverson challenges the reduction of the amount of provisional credit originally awarded to him by the trial court. We reverse because we conclude that the trial court lacked jurisdiction to modify Syverson’s sentence more than 60 days after its imposition.

The record shows that Syverson originally pled guilty to attempted second-degree murder and attempted robbery. The court accepted Syverson’s plea and sentenced him to a six-year prison term, to be followed by two years of probation. Syverson was released from prison and violated probation. After entering a plea to violation of probation, Sy-verson was sentenced to two years community control. He was given credit for time served on the original sentence, in addition to 67 days on both counts. Subsequently, Sy-verson violated community control and entered a plea. On 16 March 1993, Syverson was sentenced to 12 years in the Department of Corrections. Syverson received six years and 129 days on both counts as credit for time served. The state did not appeal Syver-son’s sentence. On 7 May 1993, however, the state moved to correct Syverson’s sentence. The state argued that Syverson’s sentence was an illegal sentence correctable at any time because Syverson received more credit than he earned for time served. On 19 May 1993, the trial court amended Syverson’s sentence, nunc pro tunc, by reducing his credit for time served by 770 days of provisional credit and one administrative day. Syverson subsequently filed a rule 3.800 motion to correct the amended sentence, and the trial court denied the motion.

On appeal, Syverson contends that the state’s motion to correct his sentence pursuant to rule 3.800(a) was improper because the state was seeking to correct a legal sentence and, therefore, rule 3.800(a) was inapplicable. Syverson further contends that, because his sentence was legal at the time it was imposed, the trial court lacked jurisdiction to reduce his credit for the amount of time served pursuant to rule 3.800(a). See Wilhelm v. State, 543 So. 2d 434 (Fla. 2d DCA 1989).

We agree with Syverson that the trial court’s correction of his sentence pursuant to rule 3.800(a) was erroneous because the trial court was correcting a legal sentence. See Thomas v. State, 648 So. 2d 298 (Fla. 5th DCA 1995). The sentence was within the guidelines and within the statutory maximum. Had Syverson received less jail credit than he earned, a motion would have been proper. See Jean v. State, 627 So. 2d 592 (Fla. 2d DCA 1993) (concluding that inadequate jail credit results in an illegal sentence for purposes of rule 3.800).

Nonetheless, the trial court could have entered an order modifying the sentence within 60 days after imposition of sentence. A legal sentence may be modified or reduced by a trial court pursuant to rule 3.800(b) within 60 days after the sentence has been imposed. Here, however, the trial court amended Syverson’s sentence 63 days after his legal sentence had been imposed. Thus, the trial court lacked jurisdiction to reduce Syverson’s credit for time served pursuant to rule 3.800(b).

Accordingly, we reverse the order denying Syverson’s rule 3.800 motion and remand to the trial court to reinstate the sentence imposed on 16 March 1993, the time of Syver-son’s sentencing for the violation of probation.

REVERSED and REMANDED with directions.

PETERSON, C.J. and GOSHORN, J., concur.


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Citator

Cited By

  • Gallinat v. State, 941 So. 2d 1237 (Fla. 5th DCA 2006)
    …d the jail credit award in case nos. 03-629 and 02-657 to the time actually served by Gallinat, as reflected in the records of each case. WITHDRAWN OPINION In our prior opinion, we reversed the trial court’s order in reliance on Syverson v. State, 659 So. 2d 1344 (Fla. 5th DCA 1995), which held that a trial court retains jurisdiction to correct an erroneous over-award of jail credit for only sixty days after imposition of the sentence. In its motion for rehearing, the State correctly points out that Syverson…
  • Kiriazes v. State, 798 So. 2d 789 (Fla. 5th DCA 2001)
    …court to reduce or modify a sentence to include the conditions mandated by chapter 948. However, the rule specifically requires that this must be accomplished within sixty days after imposition of the original legal sentence. See Syverson v. State, 659 So. 2d 1344 (Fla. 5th DCA 1995); see also State v. Sanderson, 625 So. 2d 471 (Fla.1993). That time limit was not met in the instant case. Therefore, the trial court did not have jurisdiction to impose the section 948.03(5) conditions. Conclusion The trial cou…
  • House v. State, 677 So. 2d 97 (Fla. 1st DCA 1996)
    …tence was dismissed in light of the August 25 order. House timely appealed.1 We find that the trial court acted in the absence of jurisdiction when it purported to alter the amount of jail time credit to which House was entitled. Syverson v. State, 659 So. 2d 1344 (Fla. 5th DCA 1995). Accordingly, we quash the orders of August 25 and September 15 and remand with directions to reinstate the jail time credit ordered when sentences were imposed.2 REVERSED. BOOTH and JOANOS, JJ., concur. BENTON, J., concurs in…

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