Tessier v. Moe, 4-86-0225
| Decision Date | 26 March 1986 |
| Docket Number | No. 4-86-0225,4-86-0225 |
| Citation | 485 So.2d 46,11 Fla. L. Weekly 741 |
| Parties | 11 Fla. L. Weekly 741 Bruce A. TESSIER, Petitioner, v. Leroy H. MOE, Circuit Judge, Respondent. |
| Court | Florida District Court of Appeals |
Bruce A. Tessier, pro se.
No appearance for respondent.
Petitioner, pro se, seeks a writ of mandamus which we treat as a petition for writ of certiorari and grant. The trial court modified petitioner's sentence by vacating a monetary assessment and imposing fifty hours of community service at the termination of his incarceration in lieu of that assessment. The fifty hours of community service represent an increase in petitioner's sentence and an increase of a lawful sentence is prohibited. Troupe v. Rowe, 283 So.2d 857 (Fla.1973); Cherry v. State, 439 So.2d 998 (Fla. 4th DCA 1983). This matter is remanded to the trial court for further proceedings consistent with this opinion.
CERTIORARI GRANTED.
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Causey v. State
...A court may not increase a valid sentence after it has been imposed. E.g. Troupe v. Rowe, 283 So.2d 857 (Fla.1973); Tessier v. Moe, 485 So.2d 46 (Fla. 4th DCA 1986); Cherry v. State, 439 So.2d 998 (Fla. 4th DCA 1983). The state has submitted no authority indicating that a defendant must agr......
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Sterling v. State, 96-632
...Imposition of hours of community service at the end of a prison term constitutes an increase in a defendant's sentence. Tessier v. Moe, 485 So.2d 46 (Fla. 4th DCA 1986). The addition of a probationary term also represents an increase in a sentence. Dailey v. State, 575 So.2d 237 (Fla. 2d DC......