State v. Golden, 382 So. 2d 815 (Fla. 1st DCA 1980). · Go Syfert
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State v. Golden, 382 So. 2d 815 (Fla. 1st DCA 1980). Cases Citing This Book View Copy Cite
22 citation events (14 in the last 25 years) across 2 distinct courts.
Strongest positive: State v. Abreu (fladistctapp, 1995-02-08)
Treatment trajectory · 1980 → 2026 · click a year to view as-of
1980 2003 2026
Top citers, strongest first. 2 distinct citers. How cited ↗
cited Cited as authority (rule) State v. Abreu
Fla. Dist. Ct. App. · 1995 · confidence medium
State v. Golden, 382 So.2d 815, 816 (Fla. 1st DCA 1980).
discussed Cited as authority (rule) Carter v. State
Fla. Dist. Ct. App. · 1992 · confidence medium
We note that, in two cases where the trial court held a hearing on a Rule 3.800(b) motion within the sixty day period, but entered the order thereon after the expiration of that period, the courts held that the trial court "effectively enlarged the period of time in which [it] could enter the order modifying sentence.” See State v. Golden, 382 So.2d 815, 816 (Fla. 1st DCA 1980); Smith v. State, 471 So.2d 1347, 1348 (Fla. 2d DCA 1985).
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STATE of Florida, Appellant.
v.
Tommy Dale GOLDEN, Appellee.
PP-296.
District Court of Appeal of Florida, First District.
Apr 14, 1980.
382 So. 2d 815
Per Curiam.
Cited by 7 opinions  |  Published

Jim Smith, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, for appellant.

E. Brian Lang of Mann & Lang, Pensacola, for appellee.

PER CURIAM.

The record reveals that Golden was adjudicated guilty and sentenced on July 28, 1978. He appealed, and this Court issued a mandate on June 19, 1979. On June 29,[*816] 1979, Golden moved for reduction of sentence pursuant to Rule 3.800(b), Fla.R. Crim.P.

Golden asserts, and the State does not deny, that on July 16, 1979 a hearing was held on the motion and the State agreed that an order modifying the sentence could be entered on September 7, 1979, a date scheduled for the trial of other charges pending against Golden. On September 7, however, the State indicated that it would no longer concur in the modification even though it acknowledged the existence of the prior understanding of the parties before the judge.

On September 9, 1979 the judge entered his order modifying the sentence of July 28 and the State appealed, relying on State v. Smith, 360 So.2d 21 (Fla. 4th DCA 1978); De La Paz v. State, 358 So.2d 1093 (Fla. 3rd DCA 1978); and State v. Mancil, 354 So.2d 1258 (Fla. 2d DCA 1978). We affirm the order before us. The hearing of July 16, 1979 was within the 60-day limit. At that time the judge effectively enlarged the period of time in which he could enter the order modifying sentence. Rule 3.050, Fla. R.Crim.P.

AFFIRMED.

ROBERT P. SMITH, Jr., BOOTH and SHAW, JJ., concur.