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Del Rio v. State
Citations: 549 So. 2d 766; 14 Fla. L. Weekly 2311; 1989 Fla. App. LEXIS 5399; 1989 WL 114471Docket: No. 88-3129
Court: District Court of Appeal of Florida; October 3, 1989; Florida; State Appellate Court
Mario Del Rio, the defendant, initially entered a guilty plea for a probation violation at his first appearance hearing and was sentenced to thirty days in jail with credit for thirty days served. Subsequently, a different judge vacated this plea and sentence without a motion from either party, accepted Del Rio's reaffirmation of his plea, and imposed a new sentence of sixty days in jail with sixty days credit for time served. The appellate court reversed the second sentence, determining that the judge lacked the authority to increase the original sentence. This action constituted a violation of the defendant’s constitutional protection against double jeopardy. The court dismissed the State's argument that the issue was moot, as there was a dispute regarding the actual time served by Del Rio and the credit he was entitled to receive. The appellate court ordered the reinstatement of the original thirty-day sentence. During the proceedings, Del Rio expressed confusion about the status of his plea, indicating he had already pled guilty. The court acknowledged the lack of an official record of the first appearance and concluded that a proper record was necessary for an admission of a probation violation.