STATE OF FLORIDA, PETITIONER,

v.

MICHAEL C. KNICKERBOCKER, RESPONDENT

Citator

Cited By (20 total)

• LEE v. State, 223 So. 3d 342 (Fla. 1st DCA 2017)
  …“multiple punishments for the same offense.” In ■ a case involving the protection against successive prosecution, the defendant’s double-jeopardy rights are violated when the government files a successive criminal charge. See Dell’Orfano v. State, 616 So. 2d 33, 36 (Fla. 1993) (holding that “a double jeopardy violation will be presumed when the State attempts a successive prosecution” under specific circumstances). As such, dismissal of the successive charge is the appropriate rem- ' edy for a successive-p…

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• State v. Dell'orfano, 651 So. 2d 1213 (Fla. 4th DCA 1995)
  …we reversed, rejecting the application of a per se rule. State v. Dell’Orfano, 592 So. 2d 338 (Fla. 4th DCA 1992). The Florida Supreme Court agreed that a per se rule was inappropriate in a criminal case involving child abuse. Dell’Orfano v. State, 616 So. 2d 33 (Fla.1993). In its opinion, the supreme court articulated the test for trial courts to apply in such cases when assessing a time period alleged in an information. On remand, the trial court again granted appellee’s motion to dismiss, but from a [*1…

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• Antoine L. McBRIDE v. State, 810 So. 2d 1019 (Fla. 5th DCA 2002)
  …corrected as an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a) when the habitual offender statute in effect at the time of the defendant’s offense did not permit habitualization for life felonies.); State v. Knickerbocker, 616 So. 2d 33 (Fla.1993); Weford v. State, 784 So. 2d 1222 (Fla. 3d DCA 2001); Moye. McBride alleges in the motion under review, which was filed in the circuit court on January 16, 2001, that his sentence as a habitual felony offender for the attempted first deg…

Authorities Cited

• State v. Rucker, 613 So. 2d 460 (Fla. 1993)
• Lamont v. State, 610 So. 2d 435 (Fla. 1992)
• Knickerbocker v. State, 604 So. 2d 876 (Fla. 1st DCA 1992)