Jordon v. State, 93-1456
| Citation | 631 So.2d 362 |
| Decision Date | 09 February 1994 |
| Docket Number | No. 93-1456,93-1456 |
| Parties | 19 Fla. L. Weekly D308 Derrick Lamont JORDON, Appellant, v. STATE of Florida, Appellee. |
| Court | Court of Appeal of Florida (US) |
Nancy A. Daniels, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., Richard Parker, Asst. Atty. Gen., Tallahassee, for appellee.
Appellant appeals a corrected sentence entered April 7, 1993, nunc pro tunc February 19, 1993. Because appellant's original judgment and sentence was pending appeal in this court at the time appellant was resentenced, the trial court lacked jurisdiction to correct appellant's sentence. The sentence entered April 7, 1993, nunc pro tunc February 19, 1993 is therefore reversed and the cause remanded for resentencing.
On September 16, 1991, upon a plea of nolo contendere, appellant was adjudicated guilty of passing a stolen lottery ticket and petit theft. Appellant was sentenced to 18 months in state prison, followed by two years probation. Appellant violated his probation in 1992. On March 10, 1992, appellant was adjudicated guilty on the charge of violation of probation and was sentenced to state prison for 36 months with credit for two years time served. Appellant filed a notice of appeal in this court on March 20, 1992. The prosecutor later requested the court to correct appellant's sentence after the Department of Corrections determined that the two-year credit for time served was excessive. At a hearing held on April 6, 1993, the court determined that appellant was entitled to credit for 22 days served plus whatever credit appellant was entitled to as determined by the Department of Corrections. A new judgment and corrected sentence was entered on April 7, 1993. On May 5, 1993, this court issued a per curiam affirmed opinion in the appeal of the appellant's original judgment and sentence and the mandate issued on May 21, 1993.
The appeal of appellant's original judgment and sentence removed jurisdiction from the trial court and eliminated the trial court's authority to correct appellant's sentence while the appeal was pending. See Kelly v. State, 359 So.2d 493 (Fla. 1st DCA 1978); Bauman v. State, 600 So.2d 551 (Fla. 2d DCA 1992); Key v. State, 599 So.2d 1040 (Fla. 2d DCA 1992); Dailey v. State, 575 So.2d 237 (Fla. 2d DCA 1991); Hicks v. State, 559 So.2d 1265 (Fla. 3d DCA 1990); Wolfson v. State, 437 So.2d 174 (Fla. 2d DCA 1983).
Appellee relies on State v. Burton, 314 So.2d 136 (Fla.1975); Goene v. State, 577 So.2d 1306 (Fla.1991) and United States v. Bishop, 774 F.2d 771 (7th Cir.1985) to support its argument that this restriction does not apply to orders, judgments or decrees which are the product of fraud, collusion, deceit or mistake. We find that appellee's reliance on Burton, Goene and Bishop is misplaced since the circumstances in those cases did not involve the correction of a sentence while the same...
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State v. Morales
...See Loeb v. State, 387 So.2d 433, 435 (Fla. 3d DCA 1980); Gorman v. State, 636 So.2d 203 (Fla. 1st DCA 1994); see also Jordon v. State, 631 So.2d 362 (Fla. 1st DCA 1994); Bauman v. State, 600 So.2d 551 (Fla. 2d DCA 1992); Key v. State, 599 So.2d 1040 (Fla. 2d DCA 1992); Dailey v. State, 575......
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Carraway v. Carraway, 1D04-1405.
...matter of the appeal, then the trial court can act. See Bailey v. Bailey, 392 So.2d 49 (Fla. 3d DCA 1981); see also Jordon v. State, 631 So.2d 362 (Fla. 1st DCA 1994). Section 733.901(2), Florida Statutes (2003), specifically bars a subsequent action against a personal representative upon t......
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Trotter v. State, 99-2469.
...stating that appellant's earlier 3.800 motion, raising substantially the same claims, was pending on appeal. See Jordon v. State, 631 So.2d 362 (Fla. 1st DCA 1994). However, the appeal upon which the trial court based its dismissal had already been dismissed by this court. The trial court d......