CARL WAYNE LAUDERDALE, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Affirmed sexual battery convictions but vacated post-appeal sentencing amendments (dangerous sexual felony offender designation and mandatory minimum) that trial court lacked jurisdiction to impose.
A trial court lacks jurisdiction to amend sentencing documents by adding a dangerous sexual felony offender designation and mandatory minimum term after a notice of appeal has been filed.
[1] A trial court lacks jurisdiction to amend sentencing documents by adding a dangerous sexual felony offender designation or mandatory minimum term after a notice of appeal…
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Join FLexlaw to unlock all legal intelligenceLauderdale was convicted of sexually battering his wife at knifepoint and received two concurrent life sentences. After the notice of appeal was filed…
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PER CURIAM.
Carl Wayne Lauderdale, Jr., appeals his judgments and sentences for two counts of sexual battery. He was convicted of sexually battering his wife at knifepoint. We affirm the convictions without further discussion. Although we also affirm the two concurrent life sentences imposed for these crimes, we must vacate amendments made by the trial court at a time when it lacked jurisdiction to make these particular changes.
After the notice of appeal was filed and while this appeal was pending, the trial court amended the sentencing documents by adding a dangerous sexual felony offender designation. It also added to the sentences a twenty-five-year mandatory minimum term that was discussed at the sentencing hearing but was not actually orally announced by the trial court. Laud-erdale argues, and the State concedes, that the trial court lacked jurisdiction to make these amendments. See Shepherd v. State, 912 So. 2d 1250, 1252 (Fla. 2d DCA 2005) (vacating sexual predator designation imposed, in lieu of sexual offender designation originally imposed, after defendant filed notice of appeal). Accordingly, we vacate these amendments and remand for the entry of corrected sentences. Our ruling is without prejudice for the State to seek reimposition of the dangerous sexual felony offender designation and mandatory minimum sentences, but we express no opinion at this time as to whether the trial court will have the authority to reimpose the designation and mandatory minimum sentences.
Affirmed in part, vacated in part, and remanded.
ALTENBERND, SALCINES, and WALLACE, JJ., Concur.
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Citator
Cited By
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Tramel v. State, 68 So. 3d 340 (Fla. 1st DCA 2011)…ended or “re-recorded” sentence entered on February 28, 2011, which added minimum mandatory sentences, as the notice of appeal had been filed at the time, thus depriving the trial court of jurisdiction to amend the sentence. See Lauderdale v. State, 968 So. 2d 626 (Fla. 2d DCA 2007) (holding that the trial court lacked jurisdiction to amend sentencing documents by adding dangerous sexual felony offender designation and adding to two concurrent sentences of life imprisonment and a 25-year mandatory minimum ter…
Authorities Cited
- Alexia Cuartas v. Fla. Unemployment Appeals Comm'n, 912 So. 2d 1250 (Fla. 1st DCA 2005)
- Owens v. State, 912 So. 2d 1250 (Fla. 1st DCA 2005)