TERRANCE SAYER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The trial court lacked jurisdiction to mitigate a sentence after the expiration of the term of court and more than 60 days had passed since imposition.
Defendant was sentenced, later had his sentence mitigated and was placed on probation, and then had his probation revoked. The trial court's order mit…
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This is an appeal of an order revoking probation and sentencing defendant to 18 months in prison.
Defendant was charged with breaking and entering with intent to commit a misdemeanor. He was subsequently sentenced to one year in jail on September 17, 1971, after entry of -a no contest plea. Defendant filed a motion to mitigate on October 19, 1971, which was granted on December 21, 1971. The trial court withdrew adjudication and sentence and placed defendant on three years probation. Defendant was later sentenced to 18 months for violation of probation.
The trial court was without jurisdiction to mitigate defendant’s sentence because more than 60 days had elapsed since imposition of the sentence, F.R.Cr.Proc. 3.800 (b), 33 F.S.A., and the term of court during which it was imposed had expired, Laws of Florida, Ch. 59-877, § 3 (1959).
Upon authority of Ware v. State, Fla. App.1970, 231 So.2d 872, and State v. Evans, Fla.App. 1969, 225 So.2d 548, cert. den. 229 So.2d 261, we reverse and remand to the trial court with instructions to reinstate the original sentence of September 17, 1971, with credit for time served.
Reversed and remanded with directions.
WALDEN, OWEN and MAGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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Solomon v. State, 341 So. 2d 537 (Fla. 2d DCA 1977)…ever, a grant of probation for a term which is longer than the sentence is not necessarily a reduction of sentence. Cf. Reynolds v. State, 339 So. 2d 714 (Fla.2d DCA 1976); Phillips v. United States, 212 F. 2d 327 (8th Cir. 1954). . Sayer v. State, 267 So. 2d 42 (Fla.4th DCA 1972).…
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State v. Aníbal Sotto and Joaquin A. Amor, 348 So. 2d 1222 (Fla. 3d DCA 1977)…defendant on probation. Moss v. State, 330 So. 2d 742 (Fla. 1st DCA 1976); State v. Rodriguez, 326 So. 2d 245 (Fla. 3d DCA 1976); State v. Brown, 308 So. 2d 655 (Fla. 1st DCA 1975); Smith v. State, 289 So. 2d 410 (Fla. 4th DCA 1974); Sayer v. State, 267 So. 2d 42 (Fla. 4th DCA 1972); Ware v. State, 231 So. 2d 872 (Fla. 3d DCA 1970); Jefferson v. State, 320 So. 2d 827 (Fla. 4th DCA 1975); State v. Evans, 225 So. 2d 548 (Fla. 3d DCA 1969), cert. den. 229 So. 2d 261 (Fla.1969), cert. den. 397 U.S. 1053, 90 S.Ct…
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Grosse v. State, 511 So. 2d 688 (Fla. 4th DCA 1987)…ce. The trial judge correctly determined that therefore the court lacked jurisdiction pursuant to Florida Rule of Criminal Procedure 3.800(b). See State v. Smith, 360 So. 2d 21 (Fla. 4th DCA), cert. denied, 366 So. 2d 885 (Fla.1978); Sayer v. State, 267 So. 2d 42 [*689] (Fla. 4th DCA 1972); Wilson v. State, 487 So. 2d 1130 (Fla. 1st DCA), rev. denied, 496 So. 2d 143 (Fla.1986); State v. Mancil, 354 So. 2d 1258 (Fla. 2d DCA 1978); State v. Sotto, 348 So. 2d 1222 (Fla. 3d DCA 1977), cert. denied, 359 So. 2d 12…
Previewing 3 of 12 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)
- Evans v. State, 229 So. 2d 261 (Fla. 1969)
- Ware v. State, 231 So. 2d 872 (Fla. 3d DCA 1970)