· 1/26/2007
Lowery v. McDonough
Citations
- 947 So. 2d 1210
- 2007 Fla. App. LEXIS 912
- 2007 WL 187661
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that court lacks jurisdiction to vacate judgment of conviction after defendant begins serving sentence
- recognizing that criminal court’s common-law jurisdiction to vacate judgment during ‘‘ ‘term’ ’’ in which it had been rendered ‘‘no longer has vitality in this state’’
- “the court loses jurisdiction over the case when the defendant is committed to the custody of the commissioner of correction and begins serving the sentence”
- “[i]t is axiomatic that, where the statutory language is clear and unambiguous, construction of the statute by reference to its history and purpose is unnecessary”
- trial court lacks jurisdiction to grant motion for judgment of acquittal “when the defendant is committed to the custody of the commissioner of correction and begins serving the sentence”
- trial court lacks jurisdiction to grant motion for judgment of acquittal ‘‘when the defendant is committed to the custody of the commissioner of correction and begins serving the sentence’’
Source: CourtListener parenthetical corpus (CC0).
Judges: Barfield, Nortwick, Thomas
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.