State v. Sutton

District Court of Appeal of Florida

State v. Sutton

371 So. 2d 717, 1979 Fla. App. LEXIS 14816

CourtDistrict Court of Appeal of Florida

DecidedJune 8, 1979

DocketNo. 78-2095

StatusPublished

Cited by4 cases

This text of 371 So. 2d 717 (State v. Sutton) 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. Sutton, 371 So. 2d 717, 1979 Fla. App. LEXIS 14816 (Fla. Ct. App. 1979).

Pincite

Opinion

PER CURIAM.

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

Appellee 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[718]*718tion that the sentence was illegal, to justify relief under Fla.R.Crim.P. 3.800 or 3.850.

After 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).

Reversed, 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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