EUGENE HIRAM COLLINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court lost jurisdiction to modify a sentence after the term of court expired or sixty days passed, whichever was later.
Appellant was originally sentenced and later placed on probation. During probation, a violation occurred, and probation was revoked. The trial court a…
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PER CURIAM.
Eugene Collins appeals the revocation of his probation and the imposition of a prison sentence. We reverse.
Appellant was originally sentenced to one year in the county jail on March 9, 1973. On August 24 of the same year the balance of his sentence was suspended, and he was placed on probation. During the probationary period a violation occurred and the probation was revoked.
Fla.R.Crim.P. 3.800(b) provides that the trial court “may reduce a legal sentence imposed by it at the same term of court at which it had been imposed, or if such term ends less than sixty days after the imposition of the sentence, then within sixty days after such imposition.” The term of court at which the appellant was originally sentenced ended on April 3, 1973. 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 McNULTY and OTT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Smith, 360 So. 2d 21 (Fla. 4th DCA 1978)…out jurisdiction”. The appellate courts of Florida 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 fo…
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DE LA PAZ v. State, 358 So. 2d 1093 (Fla. 3d DCA 1978)…plus seven years probation. (The court denied the motion to mitigate the one year sentence to which the four concurrent one year sentences attached.) The court was without jurisdiction to mitigate the legal sentences imposed. See Collins v. State, 343 So. 2d 680 (Fla. 2d DCA 1977). However, the court did have jurisdiction to correct the illegal sentence. See Fla.R.Crim.P. 3.800(a), and see the principle of law in Perrin v. Enos, 56 So. 2d 920 (Fla.1951). Therefore, the only legal sentences were the four con…
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State v. Migdahl, 353 So. 2d 635 (Fla. 3d DCA 1977)…ourt or appealed to this court. Of course, the defendant upon remand is free to seek such a ruling from the trial court on the said motion to vacate if he so 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 S…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sayer v. State, 267 So. 2d 42 (Fla. 4th DCA 1972)
- Moss v. State, 330 So. 2d 742 (Fla. 1st DCA 1976)