DAVID WAYNE SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DAVID WAYNE SMITH, APPELLANT,
STATE OF FLORIDA, APPELLEE
289 So. 2d 410
Florida District Court of Appeal, Fourth District (1974)
Caution
Cited by 18 cases
Opinion of the Court
WALDEN, Judge.
The appellate proposition presented is:
Did the trial court have jurisdiction to withdraw its adjudication and sentence and place the defendant on probation eight (8) months after the trial court’s original sentence of one (1) year in the county jail.
The answer is “no.” There was no jurisdiction and, hence, the judicial act causing grievance was a nullity. We reverse the appealed order upon authority of Sayer v. State, Fla.App. 1972, 267 So. 2d 42. We remand with respectful instructions to reinstate the original sentence, giving credit thereon to appellant for time served.
Reversed and remanded.
OWEN, C. J., and MAGER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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State v. Aníbal Sotto and Joaquin A. Amor, 348 So. 2d 1222 (Fla. 3d DCA 1977)…ate a legal sentence by vacating it and placing the 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. 2…
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SUN Bank/Miami, N.A. v. Hogarth, 536 So. 2d 263 (Fla. 3d DCA 1988)…ended Trust Agreement to the exclusion of Petitioners HERBERT GLADSTONE, HELAINE NEWMAN, HOWARD GLICKSTEIN, and MARTHA HOGARTH. The trial court applied the test set forth in In Re Estate of Carpenter, 253 So. 2d 697 (Fla.1971), appeal after remand, 289 So. 2d 410 (Fla. 4th DCA), cert. denied, 300 So. 2d 896 (Fla.1974), to determine whether the second and third wills and the amended trust agreement were the products of undue influence. The court observed: 6. In January of 1977, LILLY GLICK-STEIN suffered fro…
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In re Est. of Agnes v. Robertson, 372 So. 2d 1138 (Fla. 3d DCA 1979)…dent, and in the absence of such ambiguity the Court is without power to alter either instrument. Nesbitt v. Eisenberg, 139 So. 2d 724 (Fla.App.1962).” The court stated in its holding In Re Carpenter, 253 So. 2d 697 (Fla.1971), appeal after remand, 289 So. 2d 410 (Fla. 4th DCA 1974), that § 732.31, Florida Statutes1 provided that the proponent of a contested will has the burden of proving, prima facie, the formal execution and attestation of the will; when that has been accomplished, the burden of proof then…
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- Sayer v. State, 267 So. 2d 42 (Fla. 4th DCA 1972)