Wiggins v. State

Full title: CARLOS E. WIGGINS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Jun 12, 1996

680 So. 2d 526 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-00543.

June 12, 1996.

An appeal from the Circuit Court for Pinellas County; Bob Barker, Judge.

James Marion Moorman, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Patricia J. Hakes, Assistant Attorney General, Tampa, for Appellee.

BLUE, Judge.

Carlos E. Wiggins appeals from an order deleting credit previously awarded for time in jail. Because the trial court lacked jurisdiction to modify a legal sentence more than sixty days after it was imposed, we reverse. See Syverson v. State, 659 So.2d 1344 (Fla. 5th DCA 1995) (holding that court lacked jurisdiction, more than sixty days after sentencing, to delete jail credit previously awarded). On remand, the trial court shall reinstate the original award of jail credit.

RYDER, A.C.J., and PATTERSON, J., concur.