KATHY LOU EVANS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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.
The District Court of Appeal correctly quashed the trial court's order reducing a sentence, as the trial court lacked jurisdiction to modify the sentence after the appeal mandate.
Petitioner was convicted and sentenced to 99 years. After her appeal was affirmed, she filed a motion to mitigate the sentence. The trial court reduce…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Motion To Mitigate Sentence cases and more on FLexlaw
By petition for writ of certiorari, petitioner seeks review of the opinion of the District Court of Appeal, Third District, reported in 225 So.2d 548.
Petitioner was adjudged guilty and sentenced to ninety-nine years in prison on March 25, 1966. On May 17, 1966, a motion to mitigate the sentence was filed on her behalf, pursuant to the provisions of Fla. Stat., § 921.25, now superseded by Rule 1.800(b), Fla.Cr.P.R., 33 F.S.A.
An appeal was taken and the mandate of the District Court of Appeal affirming the judgment and sentence was filed April 21, 1967.
On March 18, 1969, the trial court entered an order on the previously filed motion to mitigate sentence, reducing the prison term to time served and placing defendant on probation for ten additional years. Upon petition for certiorari brought by the State to review this order, the District Court of Appeal correctly concluded that the trial court proceeded without jurisdiction. The order was quashed and the trial judge directed to return Kathy Lou Evans to the proper authorities for incarceration, pursuant to the lawful sentence entered March 25, 1966.
Petitioner contends that a class of constitutional or state offices is affected. A decision of the District Court of Appeal simply adhering to jurisdictional time limits is not one affecting a class of constitutional offices as contemplated by Art. V, § 4, Fla.Const. (1968), F.S.A.
The petition also fails to establish conflict jurisdiction as contemplated by Art. V, § 4, Fla.Const. (1968).
Petitioner, by motion to mitigate the sentence, attempted to secure a “judicial parole.” This is a matter for the executive branch, not the judiciary, and her remedy, if any, is with the Probation and Parole Commission.
The petition for writ of certiorari is denied.
ERVIN, C. J., and ROBERTS, DREW and BOYD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
-
Pope v. State, 268 So. 2d 173 (Fla. 2d DCA 1972)…23 Fla. 281, 2 So. 5. See, also, 9 Fla.Jur., Criminal Law, § 93, et seq. . 9 Fla.Jur., Criminal Law, id. . Cf., State ex rel. Shargaa v. Culver (Fla.1959), 113 So. 2d 383. . See, e. g., State v. Evans (Fla.App.1969), 226 So. 2d 548, cert. denied 229 So. 2d 261, cert. denied 397 U.S. 1053, 90 S. Ct. 1393, 25 L.Ed.2d 668. See, also, 9 Fla.Jur., Criminal Law § 95 and cases cited therein. . See, n. 4, supra. .Once jurisdiction for the higher offense is properly vested in the higher court, of course, convict…
-
Bruno Abreu v. State, 660 So. 2d 703 (Fla. 1995)…ined jurisdiction over the case because the initial hearing served to expand the sixty-day period. In reaching its conclusion, the court below relied primarily upon its earlier decision in State v. Evans, 225 So. 2d 548 (Fla. 3d DCA), cert. denied, 229 So. 2d 261 (Fla.1969), cert. denied 397 U.S. 1053, 90 S.Ct. 1393, 25 L.Ed.2d 668 (1970), in which it said: The respondent contends and urges us to hold, that if a motion to mitigate sentence is filed within 60 days of the date a sentence is pronounced by a tr…
-
Gregorio Rodriguez v. State, 441 So. 2d 1129 (Fla. 3d DCA 1982)…y. Courts retain jurisdiction to reduce or to mitigate a sentence for a limited period of time, State v. Sotto, 348 So. 2d 1222 (Fla. 3d DCA 1977), cert. denied, 359 So. 2d 1219 (Fla.1978); State v. Evans, 225 So. 2d 548 (Fla. 3d DCA), cert. denied, 229 So. 2d 261 (Fla.1969), cert. denied, 397 U.S. 1053, 90 S.Ct. 1393, 25 L.Ed.2d 668 (1970); Fla.R.Crim.P. 3.800, and only for limited functions. These functions are delineated in Florida Rule of Criminal Procedure 3.800(b), which provides: (b) A court may reduc…
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Evans, 225 So. 2d 548 (Fla. 3d DCA 1969)