CARLOS E. WIGGINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CARLOS E. WIGGINS, APPELLANT,
STATE OF FLORIDA, APPELLEE
680 So. 2d 526
Florida District Court of Appeal, Second District (1996)
Positive Treatment
Cited by 2 cases
Opinion of the Court
BLUE, Judge.
Carlos E. Wiggins appeals from an order deleting credit previously awarded for time in jail. Because the trial court lacked jurisdiction to modify a legal sentence more than sixty days after it was imposed, we reverse. See Syverson v. State, 659 So. 2d 1344 (Fla. 5th DCA 1995) (holding that court lacked jurisdiction, more than sixty days alter sentencing, to delete jail credit previously awarded). On remand, the trial court shall reinstate the original award of jail credit.
RYDER, A.C.J., and PATTERSON, J., concur.
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)…e State’s 3.800 motion. Defendant maintains the sentence could not be modified once 60 days had elapsed. See Fla. R. Crim P. 3.800. Here, the State’s motion came 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 p…
Authorities Cited
- Syverson v. State, 659 So. 2d 1344 (Fla. 5th DCA 1995)