Westberry v. Cochran

It appearing to the court upon the return of the respondent that the original sentence imposed on the petitioner was vacated 20 May 1959 and that on the same day, evidently in accordance with the ruling of the District Court of Appeal, Second District, State ex rel. Westberry v. Mayo, Fla.App., 112 So.2d 916, the trial court entered a sentence for a period within the limitations of the statute, for the identical offense, but that at the time of the entry of this sentence, the petitioner was not present in court;

And the court being of the opinion that the passage of the sentence did not…