Home/District Court of Appeal of Florida/State v. Knieper

State v. Knieper

575 So. 2d 276, 1991 Fla. App. LEXIS 1348, 1991 WL 18253
CourtDistrict Court of Appeal of Florida
DecidedFebruary 20, 1991
DocketNo. 90-1398
StatusPublished

This text of 575 So. 2d 276 (State v. Knieper) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Knieper, 575 So. 2d 276, 1991 Fla. App. LEXIS 1348, 1991 WL 18253 (Fla. Ct. App. 1991).

Opinions

PER CURIAM.

This cause is per curiam reversed. Section 893.135(4), Florida Statutes (1987), mandates that there can be no reduction of a sentence unless the state attorney moves for it before the sentencing court. Mack v. State, 504 So.2d 1252 (Fla. 1st DCA 1986). No such motion was filed in this case and the trial judge was without authority, under Mack, to reduce the sentence. We, therefore, reverse and remand for further proceedings.

REVERSED AND REMANDED.

HERSEY, C.J., and GLICKSTEIN, J„ concur. LETTS, J., dissents with opinion.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

MacK v. State
504 So. 2d 1252 (District Court of Appeal of Florida, 1986)
State v. Venegas
557 So. 2d 236 (District Court of Appeal of Florida, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
575 So. 2d 276, 1991 Fla. App. LEXIS 1348, 1991 WL 18253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-knieper-fladistctapp-1991.