ANTHONY PARRISH, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Piesus Reynolds v. State, 116 So. 3d 558 (Fla. 3d DCA 2013)
  …oal or intent. See Sands v. State, 899 So. 2d 1208 (Fla. 5th DCA 2005) (approving change of illegal sentence on remand for resentencing from concurrent to consecutive); Buchanan v. State, 781 So. 2d 449 (Fla. 5th DCA 2001) (same); Cerkella v. State, 687 So. 2d 367 (Fla. 3d DCA 1997) (concurring opinion notes that vacated sentence on count one may on remand be changed from concurrent to consecutive to count two, but “it would be inadvisable to disturb the sentencing order” on count two); Herring v. State, 411…
• DE LA Cosa v. State, 784 So. 2d 452 (Fla. 3d DCA 2000)
  …court’s decision in Martinez v. State, 625 So. 2d 1306, 1307 (Fla. 3d DCA 1993), clearly states that a “trial court’s initial decision not to sentence the defendant as a habitual offender precludes such a sentence on remand.” See Cerkella v. State, 687 So. 2d 367, 368 n. * (Fla. 3d DCA 1997)(Cope, J., concurring).3 The trial court erred in re-sentencing De La Cosa and the sentences must be reversed. The cases cited by the state in support of its contention that on remand the trial court was free to impose a…
• Olimpio Cerkella v. State, 916 So. 2d 41 (Fla. 3d DCA 2005)
  …habeas corpus without opinion. In 1997 this court agreed with the defendant’s argument that his sentence on the attempted murder count exceeded the legal maximum. The case was remanded for reduction of the sentence on count one. Cerkella v. State, 687 So. 2d 367 (Fla. 3d DCA 1997). As suggested in a concurring opinion, see id. at 367-68, on remand the trial court ran the reduced forty-year sentence on the attempted murder count consecutive to the fifteen-year sentence on the firearm possession count, so as…

Authorities Cited

• State v. Collin Gray, 654 So. 2d 552 (Fla. 1995)
• Freeman v. State, 679 So. 2d 364 (Fla. 4th DCA 1996)