WILSON J. MOSS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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 trial court lacked jurisdiction to set aside sentences imposed more than 60 days prior. The original sentences are reinstated.
Appellant was convicted of grand larceny and other offenses and initially sentenced. The trial court later set aside these sentences and placed appell…
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 Fla. R. Crim. P. 3.800(B) cases and more on FLexlaw
PER CURIAM.
Appellant was charged by information with seven counts of grand larceny, one count of resisting arrest with violence, and one count of assault and battery. On August 13, 1974, appellant was adjudged guilty on eight counts and sentenced to five years in the state prison on each count, sentences to run concurrently. Sentencing on the assault and battery charge was deferred. On February 18, 1975, the trial judge set aside each of the sentences previously imposed, and appellant was placed on five years probation. On June 4, 1975, the appellant was adjudged guilty of violating his probation and sentenced to six consecutive five year terms, two concurrent five year terms, all in the state prison, and to 60 days in the county jail. Appellant appeals from that judgment and sentence.
Appellant asserts that the trial court was without jurisdiction on February 18, 1975, to set aside the sentences imposed on August 13, 1974. Appellee candidly admits that appellant is correct. We agree.
The trial court was without jurisdiction to mitigate appellant’s sentence on a date more than 60 days after imposition of sentence and not within the same term of court. Florida Rule of Criminal Procedure 3.800(b); Sayer v. State, 267 So. 2d 42 (Fla.App. 4th 1972); Ware v. State, 231 So. 2d 872 (Fla.App. 3rd 1970); and State v. Evans, 225 So. 2d 548 (Fla.App. 3rd 1969), cert. den. 229 So. 2d 261 (Fla. 1969). Reversed and remanded to the trial court with directions to reinstate the original sentence of August 13, 1974, giving credit thereon for time served.
RAWLS, Acting C. J., and MILLS and SMITH, JJ., concur.
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)…al or an order denying certiorari. A trial court lacks the 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…
-
State v. Smith, 360 So. 2d 21 (Fla. 4th DCA 1978)…have consistently held that the limitation of time provided in R.Crim.P. 3.800(b) for reduction of sentence is jurisdictional. State v. Sotto, 348 So. 2d 1222 (Fla. 3rd DCA 1977); Collins v. State, 343 So. 2d 680 (Fla. 2nd DCA 1977); Moss v. State, 330 So. 2d 742 (Fla. 1st DCA 1976); Sayer v. State, 267 So. 2d 42 (Fla. 4th DCA 1972); Ware v. State, 231 So. 2d 872 (Fla. 3rd DCA 1970). We address ourselves to one further matter. In articulating the reasons for a reduction in sentence, the trial judge said, in…
-
Collins v. State, 343 So. 2d 680 (Fla. 2d DCA 1977)…73. Section 26.34, Florida Statutes (1973), Therefore, the trial court lost jurisdiction over the appellant sixty days after sentencing, or after May 8, 1973. This being the case, the mitigation of sentence on August 24 was a nullity. Moss v. State, 330 So. 2d 742 (Fla. 1st DCA 1976); Sayer v. State, 267 So. 2d 42 (Fla. 4th DCA 1972). Reversed and remanded to the trial court with directions to reinstate the original sentence of March 9, 1973, and to give credit thereon for time served. BOARDMAN, C. J., and…
Previewing 3 of 5 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)
- Sayer v. State, 267 So. 2d 42 (Fla. 4th DCA 1972)