STATE v. MANCIL

No. 77-941.

354 So.2d 1258 (1978)

STATE of Florida, Appellant, v. Carlie Nolan MANCIL, Jr., Appellee.

District Court of Appeal of Florida, Second District.

February 10, 1978.


Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellant.

George L. Harrell, II, of Luckey & Harrell, LaBelle, for appellee.


RYDER, Judge.

The state appeals an order mitigating appellee Mancil's sentence. The state contends this order was illegal as it was entered after the expiration of the period of time prescribed in Fla.R.Crim.P. 3.800 within which a sentence may be reduced. We agree and reverse.

Mancil was originally tried and convicted of assault and battery and sentenced to one year in jail. This court affirmed the judgment and sentence on his direct appeal, Mancil v....

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