STATE v. LAPICA-FALCON

No. 86-2613.

519 So.2d 57 (1988)

STATE of Florida, Appellant, v. Jose Antonio LAPICA-FALCON, Appellee.

District Court of Appeal of Florida, Second District.

January 27, 1988.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Erica M. Raffel, Asst. Atty. Gen., Tampa, for appellant.

No appearance for appellee.


CAMPBELL, Acting Chief Judge.

Appellant, State of Florida, appeals the trial court order that reduced appellee's sentence from five years in prison to three-and-one-half years in prison.

The state argues: (1) The trial court lacked jurisdiction to rule on a motion to mitigate sentence; and (2) the trial court erred in departing downward from appellee's five-year sentence. We find reversible error in the first issue, making the second issue moot.

The...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases