Katz v. State, 75--1126
| Decision Date | 09 July 1976 |
| Docket Number | No. 75--1126,75--1126 |
| Parties | Elliot KATZ, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Jack O. Johnson, Public Defender, Steven H. Denman, Asst. Public Defender, and David S. Bergdoll, Research Asst., Bartow, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.
The issue presented by this appeal is whether the court has the power to increase a previously entered sentence upon the ground that the defendant perpetrated a fraud upon the court during the sentencing hearing.
Appellant pled guilty to auto theft. At the sentencing hearing, appellant and his wife made various false statements which clearly influenced the judge to give appellant a light sentence. A written sentence of six months to two years was entered.
Shortly thereafter, it came to the court's attention that certain statements made by appellant and his wife at the sentencing hearing were false and misleading. The following day, the judge brought appellant back before him, stating that he was reconsidering the sentence imposed. Expressing the belief that the appellant's behavior constituted a fraud upon the court, the judge imposed a new sentence of six months to four years. This is an appeal from the increased sentence.
The U.S. Supreme Court has held resentencing on the same charge to be a violation of the double jeopardy clause of the U.S. Constitution; Ex Parte Lange, 1874, 85 U.S. (18 Wall.) 163, 21 L.Ed. 872; United States v. Benz, 1931, 282 U.S. 304, 51 S.Ct. 113, 75 L.Ed. 354. The Florida Supreme Court expressly followed these opinions in Troupe v. Rowe, Fla.1973, 283 So.2d 857. The court quoted in part from Benz, stating:
It should be noted that RCrP 3.800 permits the reduction of a sentence within a limited period of time, but the rule...
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