Tessier v. Moe

Florida District Courts of Appeal
Tessier v. Moe, 485 So. 2d 46 (1986)
11 Fla. L. Weekly 741; 1986 Fla. App. LEXIS 7015
Dell, Downey, Glickstein

Tessier v. Moe

Opinion of the Court

PER CURIAM.

Petitioner, pro se, seeks a writ of mandamus which we treat as a petition for writ of certiorari and grant. ' The trial court modified petitioner’s sentence by vacating a monetary assessment and imposing fifty hours of community service at the termination of his incarceration in lieu of that assessment. The fifty hours of community service represent an increase in petitioner’s sentence and an increase of a lawful sentence is prohibited. Troupe v. Rowe, 283 So.2d 857 (Fla. 1973); Cherry v. State, 439 So.2d 998 (Fla. 4th DCA 1983). This matter is remanded to the trial court for further proceedings consistent with this opinion.

CERTIORARI GRANTED.

DOWNEY, GLICKSTEIN and DELL, JJ., concur.

Reference

Full Case Name
Bruce A. TESSIER v. Leroy H. MOE, Circuit Judge
Cited By
3 cases
Status
Published