267 So. 2d 42 - Sayer v. State

How this case has been cited

Cited by 13 later decisions — most recently February 1995

13 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1 *43 Walter N. Colbath, Jr., Public Defender, and Charles W. Musgrove, Asst. Public Defender, West Palm Beach, for appellant.

¶2Robert L. Shevin, Atty. Gen., Tallahassee, and Andrew I. Friedrich, Asst. Atty. Gen., West Palm Beach, for appellee.

¶3PER CURIAM.

¶4This is an appeal of an order revoking probation and sentencing defendant to 18 months in prison.

¶5Defendant 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.

¶6The 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).

¶7Upon 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.

¶8Reversed and remanded with directions.

¶9WALDEN, OWEN and MAGER, JJ., concur.