State v. Golden, PP-296
| Decision Date | 14 April 1980 |
| Docket Number | No. PP-296,PP-296 |
| Citation | 382 So.2d 815 |
| Parties | STATE of Florida, Appellant. v. Tommy Dale GOLDEN, Appellee. |
| Court | Florida District Court of Appeals |
Jim Smith, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, for appellant.
E. Brian Lang of Mann & Lang, Pensacola, for appellee.
The record reveals that Golden was adjudicated guilty and sentenced on July 28, 1978. He appealed, and this Court issued a mandate on June 19, 1979. On June 29, 1979, Golden moved for reduction of sentence pursuant to Rule 3.800(b), Fla.R.Crim.P.
Golden asserts, and the State does not deny, that on July 16, 1979 a hearing was held on the motion and the State agreed that an order modifying the sentence could be entered on September 7, 1979, a date scheduled for the trial of other charges pending against Golden. On September 7, however, the State indicated that it would no longer concur in the modification even though it acknowledged the existence of the prior understanding of the parties before the judge.
On September 9, 1979 the judge entered his order modifying the sentence of July 28 and the State appealed, relying on State v. Smith, 360 So.2d 21 (Fla. 4th DCA 1978); De La Paz v. State, 358 So.2d 1093 (Fla. 3rd DCA 1978); and State v. Mancil, 354 So.2d 1258 (Fla. 2d DCA 1978). We affirm the order before us. The hearing of July 16, 1979 was within the 60-day limit. At that time the judge effectively enlarged the period of time in which he could enter the order modifying sentence. Rule 3.050, Fla.R.Crim.P.
AFFIRMED.
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Schlabach v. State, No. SC09-223 (Fla. 5/20/2010)
...time period had expired. However, the court certified conflict with two other decisions that reached contrary results: State v. Golden, 382 So. 2d 815 (Fla. 1st DCA 1980), and Smith v. State, 471 So. 2d 1347 (Fla. 2d DCA 1985). See Abreu, 660 So. 2d at 704. In both of those cases, the distr......
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Grosse v. State
...where the court has lost jurisdiction. We have also considered Smith v. State, 471 So.2d 1347 (Fla. 2d DCA 1985), and State v. Golden, 382 So.2d 815 (Fla. 1st DCA 1980), but find them inapposite. The order of the trial court is therefore DOWNEY, J., concurs. ANSTEAD, J., specially concurs w......
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State v. Abreu
...there was another hearing on the motion to mitigate. Relying on Smith v. State, 471 So.2d 1347 (Fla. 2d DCA 1985), and State v. Golden, 382 So.2d 815 (Fla. 1st DCA 1980), defendant requested that the trial court commence the hearing on the motion to mitigate and then recess until a future d......
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Smith v. State, 84-1982
...on Smith's timely motion within the sixty-day limit. The First District has so held under similar circumstances in State v. Golden, 382 So.2d 815 (Fla. 1st DCA 1980). In Golden, the trial judge held a hearing within the time limit set forth in Rule 3.800(b), and the state agreed that the co......