CHRISTOPHER D. HOUSE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The trial court acted without jurisdiction when it altered jail time credit after judgment and sentence.
Defendant moved to correct his sentence for jail time credit. The trial court modified the credit, increasing it for one case but decreasing it for tw…
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PER CURIAM.
Nearly two years after imposition of judgment and sentence, Christopher House moved the trial court pursuant to Rule 3.800 to correct his sentence, contending that he was entitled to more jail time credit than had been awarded at the time of sentencing. On August 25,1995, the court rendered an order which purported to correct jail time credit by increasing it slightly as to one case but decreasing it significantly with regard to the other two cases for which House had been sentenced. On September 18, the motion to correct illegal sentence 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 result.
. The notice of appeal was served on Monday, September 25, 1995, and was timely, pursuant to Haag v. State, 591 So. 2d 614 (Fla.1992) as to the orders rendered on August 25 and September 18.
. In this appeal appellant has abandoned his argument made in the 3.800 motion that he was entitled to additional jail time credit,
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Pino-Roque v. State, 718 So. 2d 338 (Fla. 3d DCA 1998)…three years after defendant was sentenced. Florida ease law including Wiggins v. State, 680 So. 2d 526 (Fla. 2d DCA 1996)(holding trial court lacked jurisdiction to modify a legal sentence more than sixty days after it was imposed), House v. State, 677 So. 2d 97 (Fla. 1st DCA 1996)(coneluding trial court acted in the absence of jurisdiction when it purported to alter the amount of jail time credit to which defendant was entitled), and Syverson v. State, 659 So. 2d 1344 (Fla. 5th DCA 1995) (holding that cour…
Authorities Cited
- State v. Thurston McCLAIN, 591 So. 2d 614 (Fla. 1992)
- Haag v. State, 591 So. 2d 614 (Fla. 1992)
- Syverson v. State, 659 So. 2d 1344 (Fla. 5th DCA 1995)