Schlabach v. State

37 So. 3d 230, 35 Fla. L. Weekly Supp. 263, 2010 Fla. LEXIS 799, 2010 WL 1994636
CourtSupreme Court of Florida
DecidedMay 20, 2010
DocketSC09-223
StatusPublished
Cited by12 cases

This text of 37 So. 3d 230 (Schlabach v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schlabach v. State, 37 So. 3d 230, 35 Fla. L. Weekly Supp. 263, 2010 Fla. LEXIS 799, 2010 WL 1994636 (Fla. 2010).

Opinions

PARIENTE, J.

In this case, we review the decision of the Fourth District Court of Appeal in State v. Schlabach, 1 So.3d 1091 (Fla. 4th DCA 2009), based on certified direct conflict with the decision of the Second District Court of Appeal in Childers v. State, 972 So.2d 307 (Fla. 2d DCA 2008). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. The issue is whether a trial court loses jurisdiction to modify a sentence when the motion is filed within the sixty-day period provided in Florida Rule of Criminal Procedure 3.800(c), but the trial court does not rule on the motion within that period. We conclude that, based on our precedent in Abreu v. State, 660 So.2d 703 (Fla.1995), the trial court does not lose jurisdiction to modify a sentence imposed by it, as long as the defendant flies the motion to reduce the sentence within the sixty-day time period and the trial court rules on the motion “within a reasonable time.” Accordingly, we quash the decision of the Fourth District and approve the Second District’s opinion in Childers.

FACTS

On July 7, 2005, Teresa Schlabach was sentenced to five years’ probation for possession of cocaine, one year of concurrent probation for possession of drug paraphernalia, one year of concurrent probation for resisting/obstructing without violence, and one day in jail for disorderly intoxication (with credit for one day time served). On January 31, 2007, Schlabach tested positive for cocaine, thereby violating a condition of her probation. The trial court revoked Schlabach’s probation on February 14, 2007, and sentenced her to five years in prison.

On April 11, 2007, six days before the expiration of the sixty-day period provided for in Florida Rule of Criminal Procedure 3.800(c), Schlabach filed a motion to reduce or modify her sentence. She claimed that she was diagnosed as bipolar in December 2006 and asked for a reconsideration of her sentence so that she could return to supervision in the community, reside at a facility, and receive psychiatric treatment. On May 14, 2007, Schlabach filed a notice of hearing on her motion. After a brief hearing on May 30, 2007, the trial court granted the motion to reduce or modify the sentence, terminating the balance of Schlabach’s sentence and ordering her released from prison. The State filed a notice of appeal, which the Fourth District treated as a petition for writ of certiorari.

The Fourth District granted the State’s petition and quashed the trial court’s order terminating Schlabach’s sentence. Schlabach, 1 So.3d at 1091. The Fourth District reasoned:

This court has adopted the view that where a motion to mitigate is timely filed, but no hearing is scheduled and no action is taken within sixty days after imposition of sentence, the trial court loses jurisdiction to do so. Hussey v. State, 739 So.2d 123, 124 (Fla. 4th DCA 1999) (citing Grosse v. State, 511 So.2d 688 (Fla. 4th DCA 1987); see also State v. Grandstaff, 927 So.2d 1035, 1036 (Fla. 4th DCA 2006)) (“This rule has been construed to require reduction or modification within the sixty-day period, irrespective of the timeliness of a motion.”)
Here, because no hearing was scheduled and no action was taken within the sixty day period, the trial court lacked jurisdiction to modify the sentence.

Schlabach, 1 So.3d at 1091. The Fourth District recognized its decision was in conflict with Childers, which held that the trial court may extend the time for ruling [232]*232on a motion to mitigate the sentence beyond the sixty-day window.

ANALYSIS

The certified conflict issue requires us to determine whether the sixty-day time period in Florida Rule of Criminal Procedure 3.800(c) is jurisdictional, prohibiting a trial court from modifying a sentence after that time. To resolve this issue, we first review the relevant rules of criminal procedure. Next, we discuss our decision in Abreu and the split among the district courts regarding when a trial court loses jurisdiction to modify a sentence where the motion to modify is filed within the sixty-day period provided in rule 3.800(c), but the trial court does not rule on the motion within that period. With this caselaw in mind, we review the decision of the Fourth District in Schlabach and the parties’ arguments before this Court. Finally, we examine the policy considerations that arise from this issue.

Rule 3.800(c) (Reduction and Modification) provides:

Reduction and Modification. A court may reduce or modify to include any of the provisions of chapter 948, Florida Statutes, a legal sentence imposed by it within 60 days after the imposition, or within 60 days after receipt by the court of a mandate issued by the appellate court on affirmance of the judgment and/or sentence on an original appeal, or within 60 days after receipt by the court of a certified copy of an order of the appellate court dismissing an original appeal from the judgment and/or sentence, or, if further appellate review is sought in a higher court or in successively higher courts, within 60 days after the highest state or federal court to which a timely appeal has been taken under authority of law, or in which a petition for certiorari has been timely filed under authority of law, has entered an order of affirmance or an order dismissing the appeal and/or denying cer-tiorari. This subdivision shall not be applicable to those cases in which the death sentence is imposed or those cases in which the trial judge has imposed the minimum mandatory sentence or has no sentencing discretion.

Fla. R.Crim. P. 3.800(c). Rule 3.050 (Enlargement of Time) provides an avenue for an enlargement of time by the trial court at its discretion.1 Lastly, rule 3.020 (Purpose and Construction) provides: “These rules are intended to provide for the just determination of every criminal proceeding. They shall be construed to secure simplicity in procedure and fairness in administration.”

The intersection of rule 3.800(c) and rule 3.050 was directly addressed by this Court in Abreu. In that case, four days before the sixty-day window was to expire, the defendant’s attorney filed a motion to mitigate the sentence.2 Abreu, 660 So.2d at [233]*233704. Because the sixty-day time limit was to expire soon and Abreu’s attorney had been recently appointed to the case, counsel also filed a motion to extend the time so that counsel could prepare for a hearing on the matter. Id. The judge heard the motion on the same day it was filed and granted the motion to extend beyond the end of the sixty-day period. Id. The judge held an additional hearing on the day that the sixty-day window expired. Id. For the first time, the State argued that the judge was required to render a decision before the sixty-day period expired. Id. Although the judge began the hearing, the hearing was recessed and was not completed until after the expiration of the sixty days, at which time the trial court granted the motion to mitigate and resentenced Abreu. Id.

The Third District Court of Appeal quashed the order mitigating the sentence, holding that the trial court was without jurisdiction because the sixty-day 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.

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Cite This Page — Counsel Stack

Bluebook (online)
37 So. 3d 230, 35 Fla. L. Weekly Supp. 263, 2010 Fla. LEXIS 799, 2010 WL 1994636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schlabach-v-state-fla-2010.