Sayer v. State
| Decision Date | 26 September 1972 |
| Docket Number | No. 72--260,72--260 |
| Citation | 267 So.2d 42 |
| Court | Florida District Court of Appeals |
| Parties | Terrance SAYER, Appellant, v. STATE of Florida, Appellee. |
Walter N. Colbath, Jr., Public Defender, and Charles W. Musgrove, Asst. Public Defender, West Palm Beach, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Andrew I. Friedrich, Asst. Atty. Gen., West Palm Beach, for appellee.
This is an appeal of an order revoking probation and sentencing defendant to 18 months in prison.
Defendant was charged with breaking and entering with intent to commit a misdemeanor. He was subsequently sentenced to one year in jail on September 17, 1971, after entry of a no contest plea. Defendant filed a motion to mitigate on October 19, 1971, which was granted on December 21, 1971. The trial court withdrew adjudication and sentence and placed defendant on three years probation. Defendant was later sentenced to 18 months for violation of probation.
The trial court was without jurisdiction to mitigate defendant's sentence because more than 60 days had elapsed since imposition of the sentence, F.R.Cr.Proc. 3.800(b), 33 F.S.A., and the term of court during which it was imposed had expired, Laws of Florida, Ch. 59--877, § 3 (1959).
Upon authority of Ware v. State, Fla.App.1970, 231 So.2d 872, and State v. Evans, Fla.App.1969, 225 So.2d 548, cert. den. 229 So.2d 261, we reverse and remand to the trial court with instructions to reinstate the original sentence of September 17, 1971, with credit for time served.
Reversed and remanded with directions.
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Grosse v. State
... ... The trial judge correctly determined that therefore the court lacked jurisdiction pursuant to Florida Rule of Criminal Procedure 3.800(b). See State v. Smith, 360 So.2d 21 (Fla. 4th DCA), cert. denied, 366 So.2d 885 (Fla.1978); Sayer v. State, 267 So.2d 42 ... (Fla. 4th DCA 1972); Wilson v. State, 487 So.2d 1130 (Fla. 1st DCA), rev. denied, 496 So.2d 143 (Fla.1986); State v. Mancil, 354 So.2d 1258 (Fla. 2d DCA 1978); State v. Sotto, 348 So.2d 1222 (Fla. 3d DCA 1977), cert. denied, 359 So.2d 1219 (Fla.1978) ... ...
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