CARLOS RUIZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Carlos Ruiz appealed his resentencing to consecutive 30-year sentences following vacation of his original concurrent life sentences for two counts of attempted sexual battery. The Florida Third District Court of Appeal affirmed the resentencing, holding that consecutive sentences were legally permissible and that Ruiz's double jeopardy and other claims lacked merit.
The appellate court affirmed the resentencing, holding that consecutive sentences do not constitute illegal enhancement since the original concurrent life sentences could have been imposed consecutively under Florida law, that the separate criminal episodes do not violate double jeopardy, and that procedural claims regarding resentencing in defendant's absence and cost assessments were without merit or lacked adequate record support.
[1] Resentencing a defendant to consecutive sentences, where the original sentences could have been imposed consecutively, does not constitute an illegal enhancement.
[2] A nolo contendere plea admits all factual allegations charged in the information, thereby waiving double jeopardy claims arising from separate criminal episodes.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Since the defendant's original life sentences could have been imposed consecutively, § 775.082(3)(b), Fla.Stat. (1991), the entry of consecutive thirty-year sentences does not constitute an illegal enhancement.”
Establishes that consecutive sentences were permissible as a legal matter and do not constitute illegal enhancement.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceRuiz pleaded nolo contendere to two counts of attempted sexual battery and was initially sentenced to life imprisonment on both counts with sentences …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Ability To Pay Court Costs cases and more on FLexlaw
PER CURIAM.
Following the defendant’s nolo contendere plea to two counts of attempted sexual battery, he was sentenced to life imprisonment on both counts with sentences to run concurrently. Following the vacation of his sentence here, Ruiz v. State, 537 So. 2d 682 (Fla. 3d DCA 1989), the trial court resentenced the defendant to thirty years in prison on each count with the sentences to run consecutively. Since the defendant’s original life sentences could have been imposed consecutively, § 775.082(3)(b), Fla.Stat. (1991), the entry of consecutive thirty-year sentences does not constitute an illegal enhancement. Herring v. State, 411 So. 2d 966, 971 (Fla. 3d DCA 1982).
Nor is there any merit to defendant’s claim that the sentences violated his double jeopardy protection. The events out of which his convictions arose occurred in two separate criminal episodes. In pleading nolo contendere to the separate counts in the information, the defendant admitted all of the factual allegations charged against him. Finally, absent a record on appeal or transcripts to support his contentions, we cannot address the claim that the trial court erred in resentencing him in his absence and without a guidelines score sheet. Conner v. Coggins, 349 So. 2d 780 (Fla. 1st DCA 1977).
Nor will we address his claim that court costs and public defender’s fees were assessed against him without an opportunity to be heard.
We reject this contention on authority of State v. Beasley, 580 So. 2d 139, 142 (Fla.1991). A determination of his ability to pay the costs need only be made at the time the state seeks to enforce collection. Beasley, 580 So. 2d at 142.
Accordingly, the order under review is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Beasley, 580 So. 2d 139 (Fla. 1991)
- Herring v. State, 411 So. 2d 966 (Fla. 3d DCA 1982)
- Marlin Conner and Otelia Conner v. Coggins, 349 So. 2d 780 (Fla. 1st DCA 1977)
- R.S. v. State, 537 So. 2d 682 (Fla. 3d DCA 1989)