ROBERT DONALD JEFFERS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• State v. Webster Fleming McKINNON, 540 So. 2d 111 (Fla. 1989)
  …ES THE PENDENCY OF A PETITION FOR REVIEW IN THE FLORIDA SUPREME COURT DEPRIVE THE TRIAL COURT OF JURISDICTION TO RESENTENCE A DEFENDANT PURSUANT TO THE DISTRICT COURT’S MANDATE REVERSING AND REMANDING THE CAUSE FOR RESEN-TENCING? McKinnon v. State, 530 So. 2d 1101, 1102 (Fla. 1st DCA 1988). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Webster McKinnon was charged with second-degree murder (count I) and display or use of a firearm during the commission of a felony (count II) for the shooting death of…

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• City OF Miami v. Arostegui, 616 So. 2d 1117 (Fla. 1st DCA 1993)
  …ncy of a petition for discretionary review in the Florida Supreme Court deprive the trial court of jurisdiction to resentence a defendant pursuant to the district court’s mandate reversing and remanding the cause for resentencing. McKinnon v. State, 530 So. 2d 1101, 1102 (Fla. 1st DCA 1988), quashed, State v. McKinnon, 540 So. 2d 111 (Fla.1989). The supreme court answered the certified question in the negative holding that the trial court had jurisdiction to resentence the defendant even though discretionary r…
• Kudelka v. State, 545 So. 2d 884 (Fla. 2d DCA 1988)
  …FRANK, Judge. The appellant, acting pro se, has filed a motion for stay of his resentencing hearing relying on Everage v. State, 516 So. 2d 81 (Fla. 1st DCA 1987), Hall v. State, 530 So. 2d 1066 (Fla. 1st DCA 1988), and McKinnon v. State, 530 So. 2d 1101 (Fla. 1st DCA 1988). The preceding authorities, all arising in the First District, hold that an automatic stay of resentencing occurs upon the filing of a petition for discretionary review in the Supreme Court. We, however, find the Fifth District’s…

Authorities Cited

• Mays v. State, 519 So. 2d 618 (Fla. 1988)
• Shipley v. State, 528 So. 2d 902 (Fla. 1988)