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FARBER v. STATE

No. 81-599.

409 So.2d 71 (1982)

Jack Bernard FARBER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 22, 1982.

Attorney(s) appearing for the Case

Philip Carlton, Jr. and Thomas A. Wills, Miami, for appellant.

Jim Smith, Atty. Gen. and Steven R. Jacob, Asst. Atty. Gen., for appellee.

Before SCHWARTZ and DANIEL S. PEARSON, JJ., and OWEN, WILLIAM C., Jr., (Ret.), Associate Judge.

DANIEL S. PEARSON, Judge.

The Constitution does not require that sentencing be a game in which a wrong move by a judge means immunity for the prisoner." Bozza v. United States, 330 U.S. 160, 166-167, 67 S.Ct. 645, 649, 91 L.Ed. 818, 822 (1947).

We affirm the sentence under review upon a holding that (1) the trial court has jurisdiction to increase the penalty imposed upon the defendant at any time during and prior to...

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