Jefferson v. State, 75--471
| Decision Date | 24 October 1975 |
| Docket Number | No. 75--471,75--471 |
| Citation | 320 So.2d 827 |
| Parties | Larry Wayne JEFFERSON, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Daniel T. O'Connell, Asst. Public Defender, West Palm Beach, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, Robert B. Breisblatt and Harry Hipler, Asst. Attys. Gen., West Palm Beach, for appellee.
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.
1 See Fla.Stat. § 26.363 (1973) for the divisions of the Brevard County court terms.
To continue reading
Request your trial
-
State v. Migdahl
...(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. 397 U.S. 1053, 90 S.Ct. 1393, 25 L.Ed.2d 668 (1970).Fla.R.Cr......
-
State v. Sotto, 77-39
...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. ......
-
Jefferson v. State, 48562
...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 deci......
-
State v. Jefferson, 76--409
...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 felon......