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Tessier v. Moe

485 So. 2d 46, 11 Fla. L. Weekly 741, 1986 Fla. App. LEXIS 7015
CourtDistrict Court of Appeal of Florida
DecidedMarch 26, 1986
DocketNo. 4-86-0225
StatusPublished
Cited by3 cases

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

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.

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Bluebook (online)
485 So. 2d 46, 11 Fla. L. Weekly 741, 1986 Fla. App. LEXIS 7015, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tessier-v-moe-fladistctapp-1986.