State v. Rodriguez

By this common law petition for certio-rari, the State calls on for review an order by the trial judge mitigating a sentence more than sixty days after he had imposed same and subsequent to a change in the term of the court.

We quash the order here under review. After the expiration of time for filing a motion to mitigate [see: Rule 3.-800(b) RCrP], the court lost jurisdiction to mitigate a sentence. State v. Evans, Fla.App.1969, 225 So.2d 548; Ware v. State, Fla.App.1970, 231 So.2d 872; Sayer v. State, Fla.App.1972, 267 So.2d 42; State v. Brown, Fla.App.1975, 308 So.2d 655. It is also…