Tessier v. Moe

District Court of Appeal of Florida

Tessier v. Moe

485 So. 2d 46, 11 Fla. L. Weekly 741, 1986 Fla. App. LEXIS 7015

District Court of Appeal of Florida·Decided March 26, 1986·No. No. 4-86-0225·Published·Cited by 3 cases

Opinion

PER CURIAM.

Petitioner, pro se, seeks a writ of mandamus which we treat as a petition for writ of certiorari and grant. ' The trial court modified petitioner’s sentence by vacating a monetary assessment and imposing fifty hours of community service at the termination of his incarceration in lieu of that assessment. The fifty hours of community service represent an increase in petitioner’s sentence and an increase of a lawful sentence is prohibited. Troupe v. Rowe, 283 So.2d 857 (Fla.1973); Cherry v. State, 439 So.2d 998 (Fla. 4th DCA 1983). This matter is remanded to the trial court for further proceedings consistent with this opinion.

CERTIORARI GRANTED.

DOWNEY, GLICKSTEIN and DELL, JJ., concur.

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

PER CURIAM.

Petitioner, pro se, seeks a writ of mandamus which we treat as a petition for writ of certiorari and grant. ' The trial court modified petitioner’s sentence by vacating a monetary assessment and imposing fifty hours of community service at the termination of his incarceration in lieu of that assessment. The fifty hours of community service represent an increase in petitioner’s sentence and an increase of a lawful sentence is prohibited. Troupe v. Rowe, 283 So.2d 857 (Fla.1973); Cherry v. State, 439 So.2d 998 (Fla. 4th DCA 1983). This matter is remanded to the trial court for further proceedings consistent with this opinion.

CERTIORARI GRANTED.

DOWNEY, GLICKSTEIN and DELL, JJ., concur.

Tessier v. Moe, 485 So. 2d 46, 11 Fla. L. Weekly 741, 1986 Fla. App. LEXIS 7015 (Fla. Ct. App. 1986).

Pincite

485 So. 2d 46 (Tessier v. Moe) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related