Samuel E. RIZZO, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, First District.
Carl S. McGinnes, Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen., Lawrence A. Kaden, Asst. Atty. Gen., for appellee.
WENTWORTH, Judge.
Appellant seeks review of a judgment of conviction and sentence for the offense of aiding and abetting the commission of a robbery with a firearm. We find that appellant has failed to present any point of reversible error, and we affirm the order appealed.
Appellant contends that the trial court erred by imposing a consecutive sentence after initially announcing that appellant's term of incarceration would "run concurrent with any and all sentences" under which appellant was then confined. At the conclusion of the initial sentencing colloquy appellant and his attorney both left the courtroom, appellant was fingerprinted, and a written sentence form was prepared in accordance with the court's pronouncement of a concurrent sentence. The sentencing proceeding was reconvened and, after obtaining the presence of appellant and the respective attorneys, the judge announced that he had intended to impose a consecutive, rather than concurrent, term of incarceration. The judge explained that he had apparently previously misspoken his sentencing intention; a consecutive term of imprisonment was then imposed.
It is well established that once a defendant has begun serving a lawfully-imposed sentence, the defendant may not thereafter be resentenced for an increased term of incarceration. See e.g., Pooley v. State,
The order appealed is affirmed.
SHIVERS and JOANOS, JJ., concur.
