JAMES H. WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A trial court cannot resentence a defendant to a longer term of imprisonment once the defendant has begun serving the original sentence.
The appellant was initially sentenced to nine years imprisonment after being found guilty of three offenses. Seven days later, the trial court resente…
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DANAHY, Acting Chief Judge.
The appellant challenges his sentence on the grounds that his constitutional rights against double jeopardy have been violated. We agree and reverse.
The appellant was charged with three offenses. After a jury trial, the jury returned verdicts finding the appellant guilty on all three counts. The appellant was adjudicated guilty and sentenced to nine years imprisonment. That sentence was reflected in a written judgment of guilt and sentence dated June 14, 1988. Seven days later, on June 21, 1988, the appellant was brought back before the trial court and resentenced to twelve years. Both sentences were within the guidelines recommended range of nine to twelve years. On November 8, 1988, the trial court entered an order setting aside the first sentence imposed.
The state concedes that the appellant had begun serving his original sentence before the resentencing occurred. As this court observed in Hinton v. State, 446 So. 2d 712 (Fla. 2d DCA 1984), once a defendant begins to serve his sentence, the trial court has no authority to resentence him to a longer term of imprisonment. The trial court’s unilateral act of increasing the previously imposed lawful sentence on the appellant clearly violated his constitutional rights against double jeopardy. Hinton; Daniels v. State, 513 So. 2d 244 (Fla. 2d DCA 1987).
We reverse the appellant’s sentence of twelve years with instructions that the trial court resentence the appellant to the original sentence of nine years incarceration.
Reversed and remanded.
HALL and PARKER, JJ., concur.
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King v. State, 648 So. 2d 183 (Fla. 1st DCA 1994)…or appeal). Ruffin v. State, 589 So. 2d 403, 404 (Fla. 5th DCA 1991); see Wright v. State, 599 So. 2d 179 (Fla. 2d DCA 1992) (holding habitual offender sentence could not be imposed once service of guidelines sentence had begun); Williams v. State, 553 So. 2d 729 (Fla. 2d DCA 1989); Daniels v. State, 513 So. 2d 244 (Fla. 2d DCA 1987). Neither the adoption of the guidelines nor the decision in United States v. DiFrancesco, 449 U.S. 117, 101 S.Ct. 426, 66 L.Ed.2d 328 (1980) amended the Florida Constitution. S…
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Wright v. State, 599 So. 2d 179 (Fla. 2d DCA 1992)…er1 and sentenced Wright to life. The issue in this appeal is whether Wright’s first sentence was a legal sentence. If it was, double jeopardy prevents the trial court from imposing a harsher sentence at a subsequent hearing. See Williams v. State, 553 So. 2d 729 (Fla. 2d DCA 1989); Daniels v. State, 513 So. 2d 244 (Fla. 2d DCA 1987). Allen held that if a defendant is adjudged to be a habitual offender, then the trial court must impose the sentence set forth in the habitual offender statute. This court, how…
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Ayala v. State, 585 So. 2d 483 (Fla. 2d DCA 1991)…rial court erred in increasing his sentence. We agree. As a general rule, once a defendant has begun to serve his sentence, a trial court may not resentence him to an increased term. See Goene v. State, 577 So. 2d 1306 (Fla.1991); Williams v. State, 553 So. 2d 729 (Fla. 2d DCA 1989); Westover v. State, 521 So. 2d 344 (Fla. 2d DCA 1988). In Goene, the Florida Supreme Court, citing United States v. Jones, 722 F. 2d 632 (11th Cir.1983), recognized that the prohibition against double jeopardy respects a defendan…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hinton v. State, 446 So. 2d 712 (Fla. 2d DCA 1984)
- Haag v. State, 513 So. 2d 244 (Fla. 4th DCA 1987)