THE STATE OF FLORIDA, PETITIONER,

v.

HUMBERTO RODRIGUEZ, RESPONDENT

Fla. 3d DCA | 1976-02-03

No. 75-1336

Before BARKDULL, C. J., and HAV-ERFIELD and NATHAN, JJ.

326 So. 2d 245 Florida District Court of Appeal, Third District (1976) Positive Treatment

Cited by 6 cases

Topics

Expiration Of Term Of Court Loss Of Jurisdiction Mitigation Of Sentence

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Opinion of the Court

PER CURIAM.

By this common law petition for certiorari, the State calls on for review an order by the trial judge mitigating a sentence more than sixty days after he had imposed same and subsequent to a change in the term of the court.

We quash the order here under review. After the expiration of time for filing a motion to mitigate [see: Rule 3.-800(b) RCrP], the court lost jurisdiction to mitigate a sentence. State v. Evans, Fla.App.1969, 225 So. 2d 548; Ware v. State, Fla.App.1970, 231 So. 2d 872; Sayer v. State, Fla.App.1972, 267 So. 2d 42; State v. Brown, Fla.App.1975, 308 So. 2d 655. It is also apparent that the term of court, in which the original sentence had been entered, had expired and the court was in a new term; therefore, it lacked the power to mitigate the sentence. Compare Troupe v. Rowe, Fla.1973, 283 So. 2d 857; Jones v. State, Fla.App.1974, 297 So. 2d 93.

Therefore, the order under review be and the same is hereby quashed, and the matter is returned to the trial court with directions to provide that the respondent comply with the original sentence as entered.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

State v. Aníbal Sotto and Joaquin A. Amor, 348 So. 2d 1222 (Fla. 3d DCA 1977)

…he jurisdiction to mitigate a legal sentence after the above sixty day periods have elapsed or to mitigate 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…
State v. Bruno Abreu, 650 So. 2d 163 (Fla. 3d DCA 1995)

…eek to excuse the trial court’s delay in mitigating the sentences. State v. Sotto, 348 So. 2d 1222, 1223-24 (Fla. 3d DCA 1977), cert. denied, 359 So. 2d 1219 (Fla.1978); accord State v. Adirim, 376 So. 2d 464 (Fla. 3d DCA 1979); State v. Rodriguez, 326 So. 2d 245 (Fla. 3d DCA 1976); see also State v. Smith, 360 So. 2d 21, 22 (Fla. 4th DCA), cert. denied, 366 So. 2d 885 (Fla.1978); Sayer v. State, 267 So. 2d 42 (Fla. 4th DCA 1972). By contrast, the First District has held that the time for entry of an order…
State v. Migdahl, 353 So. 2d 635 (Fla. 3d DCA 1977)

…desires. Reversed. . State v. Sotto, 348 So. 2d 1222 (Fla.3d DCA 1977); Collins v. State, 343 So. 2d 680 (Fla.2d DCA 1977); Solomon v. State, 341 So. 2d 537 (Fla.2d DCA 1977); 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.…

Authorities Cited

Flazell Troupe v. The Honorable Ellen Morphonios Rowe & the Honorable Paul Baker, 283 So. 2d 857 (Fla. 1973)
State v. Evans, 225 So. 2d 548 (Fla. 3d DCA 1969)
Ware v. State, 231 So. 2d 872 (Fla. 3d DCA 1970)
Sayer v. State, 267 So. 2d 42 (Fla. 4th DCA 1972)
Jones v. State, 297 So. 2d 93 (Fla. 2d DCA 1974)
State v. Buster Dean Brown, 308 So. 2d 655 (Fla. 1st DCA 1975)

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