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371 So. 2d 717

State v. Sutton

District Court of Appeal of Florida · decided 1979-06-08

Cited by 4 later decisions — most recently May 1986

4 state decisions

Relies on Petters v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1979-06-08

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PER CURIAM.

¶1The state appeals from the grant of a motion to reduce appellee’s sentence.

¶2Appellee was sentenced on June 23, 1978, to eleven and one-half months in county jail, beginning September 15, 1978. No appeal was filed. On November 3, 1978, the court granted a motion to reduce appellee’s sentence to two years probation because appellee needed treatment not available in the county jail. Appellee made no allega*718tion that the sentence was illegal, to justify relief under Fla.R.Crim.P. 3.800 or 3.850.

¶3After the passage of 60 days from imposition of the sentence, the trial court had no jurisdiction to modify the sentence. Petters v. State, 350 So.2d 558 (Fla.2d DCA 1977); Fla.R.Crim.P. 3.800(b).

¶4Reversed, and remanded with instruction to reinstate the eleven and one-half month sentence with credit for all time served under this charge.

HOBSON, Acting C. J., and SCHEB and RYDER, JJ., concur.
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