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Smith v. State

District Court of Appeal of Florida, Fourth District
Feb 8, 1974
289 So. 2d 410 (Fla. Dist. Ct. App. 1974)

Opinion

No. 73-733.

February 8, 1974.

Appeal from the Circuit Court, Broward County, Robert W. Tyson, Jr., J.

James W. Geiger, Devitt, Geiger, O'Neal Booth, Fort Lauderdale, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and C. Marie Bernard, Asst. Atty. Gen., West Palm Beach, for appellee.


The appellate proposition presented is:

Did the trial court have jurisdiction to withdraw its adjudication and sentence and place the defendant on probation eight (8) months after the trial court's original sentence of one (1) year in the county jail.

The answer is "no." There was no jurisdiction and, hence, the judicial act causing grievance was a nullity. We reverse the appealed order upon authority of Sayer v. State, Fla.App. 1972, 267 So.2d 42. We remand with respectful instructions to reinstate the original sentence, giving credit thereon to appellant for time served.

Reversed and remanded.

OWEN, C.J., and MAGER, J., concur.


Summaries of

Smith v. State

District Court of Appeal of Florida, Fourth District
Feb 8, 1974
289 So. 2d 410 (Fla. Dist. Ct. App. 1974)
Case details for

Smith v. State

Case Details

Full title:DAVID WAYNE SMITH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 8, 1974

Citations

289 So. 2d 410 (Fla. Dist. Ct. App. 1974)

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