BOBBY JOHNSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
BOBBY JOHNSON, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
608 So. 2d 944
Florida District Court of Appeal, Third District (1992)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
In accordance with Smith v. State, 598 So. 2d 1063 (Fla.1992), holding Pope v. State, 561 So. 2d 554 (Fla.1990) be applied retrospectively to sentences imposed prior to April 26, 1990, defendant Bobby Johnson’s extended sentence, issued where the trial court failed to set forth written reasons supporting the enhanced sentence ordered, is vacated. The cause is hereby remanded to the trial court with instructions that Johnson be sentenced within the recommended sentencing range with no possibility of departure.
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Citator
Cited By
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Mathis v. State, 234 So. 3d 861 (Fla. 5th DCA 2018)…145 (Fla. 4th DCA 2012) (“A nolle prosequi by the state amounts to a ’discharge’ entitling a defendant to a refund of costs under the statute.”). Additionally, this court has previously extended section 939.06 to appellate costs. See Evans v. State, 608 So. 2d 944 (Fla. 5th DCA 1992). Mathis’s failure to refer to section 939.06 as a substantive basis is not fatal to his claim for costs because rule 9.400(a) does not expressly require that a movant for costs state the ground of recovery. Because Mathis prevail…
Authorities Cited
- Pope v. State, 561 So. 2d 554 (Fla. 1990)
- Rhoda Smith v. State, 598 So. 2d 1063 (Fla. 1992)