LARRY WAYNE JEFFERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court's revision of a sentence was improper because it was not made within the time limits prescribed by Fla.R.Cr.P. 3.800.
The state cross-appealed from a revised judgment and sentence entered by the trial court. The original sentence was entered on August 12, 1974, and th…
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WALDEN, Chief Judge.
We affirm the conviction of defendant, as his points.on appeal are unmeritorious.
The state cross appeals from the action of the trial court in entering a revised judgment of conviction and imposition of sentence on February 14, 1975, when the original sentence was entered on August 12, 1974. Fla.R.Cr.P. 3.800 states:
“(b) A court may reduce a legal sentence imposed by it at the same term of court at which it has been imposed, or if such term ends less than sixty days after the imposition of the sentence, then within sixty days after such imposition, or within sixty days after receipt by the court of a mandate issued by the appellate court upon affirmance of the judgment and/or sentence upon an original appeal, or within sixty days after receipt by the court of a certified copy of an order of the appellate court dismissing an original appeal from the judgment and/or sentence, or, if further appellate review is sought in a higher court or in successively higher courts, then within sixty days after the highest state or federal court to which a timely appeal has been taken under authority of law, or in which a petition for certiorari has been timely filed under authority of law, has entered an order of affirmance or an order dismissing the appeal and/or denying certiorari.” (Emphasis supplied.)
The revision was neither made in the same term as the original sentence,1 nor within 60 days of the imposition, and therefore we reverse the order revising the original sentence with respectful directions that the original judgment and sentence be reinstated. Sayer v. State, 267 So. 2d 42 (4th DCA Fla.1972); State v. Evans, 225 So. 2d 548 (3d DCA Fla.1969).
Reversed and remanded, with directions.
CROSS and MAGER, JJ., concur. . See Fla.Stat. § 26.363 (1973) for the divisions of the Brevard County court terms.
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State v. Aníbal Sotto and Joaquin A. Amor, 348 So. 2d 1222 (Fla. 3d DCA 1977)…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. 1393, 25 L.Ed.2d 668 (1970). The orders under review are quashed because the trial court lacked jurisdi…
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State v. Jefferson, 340 So. 2d 1189 (Fla. 4th DCA 1976)…apparently did not plan or anticipate the killing. On the state’s appeal, this court vacated the resen-tence on the ground that it was untimely under Rule 3.800(b), R.Cr.P., and directed that the original sentence be reinstated. Jefferson v. State, 320 So. 2d 827 (Fla. 4th DCA 1975). Upon receipt of this court’s mandate, the trial court reinstated the sentence of life imprisonment for the capital felony of first degree murder, thereby again subjecting Jefferson to imprisonment for 25 years before he should…
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Jefferson v. State, 347 So. 2d 429 (Fla. 1977)…PER CURIAM. The writ of certiorari was granted to review the decision of the District Court of Appeal, Fourth District, in Jefferson v. State, 320 So. 2d 827 (Fla. 4th DCA, 1975), because of apparent conflict with Jefferson v. State, 334 So. 2d 178 (Fla. 4th DCA, 1976). We have this date quashed the decision of the District Court of Appeal in the latter case, State v. Jefferson, 347 So. 2d 427 (Fla.1977)…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Evans, 225 So. 2d 548 (Fla. 3d DCA 1969)
- Sayer v. State, 267 So. 2d 42 (Fla. 4th DCA 1972)