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Johnson v. State

District Court of Appeal of Florida, Fourth District
Nov 12, 1992
608 So. 2d 138 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-3517.

November 12, 1992.

Appeal from the Circuit Court, Broward County, Stanton S. Kaplan, J.

Richard L. Jorandby, Public Defender, and Margaret Good, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellee.


AFFIRMED. During the course of appellant's sentencing, after a violation of probation was found, the trial court announced a sentence of thirty (30) months incarceration. Immediately thereafter, the trial court, noting that the appellant would be entitled to credit for service in a rehabilitation program, changed the sentence to three and one-half years. We agree with the state that a trial court acts within its discretion so long as the sentence is changed before the sentencing hearing is concluded, and the trial court does not act for an improper reason. See Farber v. State, 409 So.2d 71 (Fla. 3d DCA 1982).

GLICKSTEIN, C.J., and ANSTEAD and HERSEY, JJ., concur.


Summaries of

Johnson v. State

District Court of Appeal of Florida, Fourth District
Nov 12, 1992
608 So. 2d 138 (Fla. Dist. Ct. App. 1992)
Case details for

Johnson v. State

Case Details

Full title:ALFRED JOHNSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 12, 1992

Citations

608 So. 2d 138 (Fla. Dist. Ct. App. 1992)

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