FRANCIS JOB TRAMEL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the conviction but vacated the amended sentence imposing minimum mandatory sentences because the trial court lacked jurisdiction to modify the sentence after notice of appeal was filed.
A trial court lacks jurisdiction to amend a sentence by adding minimum mandatory sentences after notice of appeal has been filed.
[1] A trial court loses jurisdiction to amend a sentence by adding minimum mandatory sentences once notice of appeal has been filed and the appeal is pending.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“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 term, as amendments were made after notice of appeal had been filed and appeal was pending”
Citation to Lauderdale v. State establishing the jurisdictional principle
Tramel was convicted and sentenced. On February 28, 2011, after notice of appeal had been filed, the trial court entered an amended sentence adding mi…
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In this Anders 1 appeal, we affirm the appellant’s judgment. However, we vacate the amended 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 term, as amendments were made after notice of appeal had been filed and appeal was pending); Smith v. State, 39 So.3d 471, 471 n. 1 (Fla. 1st DCA 2010) (noting that although the discovery of any potential issue following Anders briefing usually requires an appellate court to issue an order which either appoints new counsel or allows present counsel to file a supplemental brief, such an order is not required when it would serve no purpose because the error is evident from the record). We express no opinion at this time as to whether the trial court will have the authority to reimpose the minimum mandatory sentences.
AFFIRMED in part, VACATED in part, and REMANDED.
DAVIS, VAN NORTWICK, and CLARK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Irvine Hicks v. State, 227 So. 3d 135 (Fla. 4th DCA 2017)…atory minimum term from appellant’s sentence and resen-tenced appellant to ten years “straight time.” However, because appellant had already filed his notice of appeal, the trial court lacked jurisdiction to modify the sentence. See Tramel v. State, 68 So. 3d 340, 340 (Fla. 1st DCA 2011). Thus, the court’s order removing the mandatory minimum term was without legal effect. The next issue we must decide is whether resentencing is required. We recognize that remanding for a trial court to strike the mandatory…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Smith v. State, 39 So. 3d 471 (Fla. 1st DCA 2010)
- Lauderdale v. State, 968 So. 2d 626 (Fla. 2d DCA 2007)