I.B., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that resentencing a defendant after their sentence has been completed violates the Double Jeopardy Clauses of the Florida and United States Constitutions.
Appellant pled no contest to possession of cocaine with intent to deliver and adjudication was withheld. The next day, the trial court sua sponte set …
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PER CURIAM.
In this appeal the state properly concedes that the trial court erred in resentencing appellant to community control after his sentence had already been completed. See Sneed v. State, 749 So. 2d 545 (Fla. 4th DCA 2000).
The state filed a petition for delinquency, charging appellant with possession of cocaine with intent to deliver. On February 22, 2000, appellant pled no contest. The court withheld adjudication of delinquency and, pursuant to the negotiated plea, warned appellant, “Don’t do this again.” The next day appellant was again before the court because a release order had not been entered. The appellant’s mother was also present. She stated that she was not notified of the February 22 hearing and pleaded with the court not to release her son. She explained that he needed to be placed in a drug program. Over appellant’s objection, the trial court sua sponte set aside the disposition order it had entered the previous day. The court again withheld adjudication on the drug charge, but modified the disposition and placed appellant on community control, with special conditions of drug treatment and family counseling.
As the state concedes, resentencing appellant after his sentence had already been served constituted a violation of the Double Jeopardy Clauses of both the Florida and United States Constitutions. Accordingly, we reverse and remand to the trial court with directions to vacate appellant’s community control disposition and reinstate his original sentence.
REVERSED and REMANDED for proceedings consistent with this opinion.
POLEN, STEVENSON and TAYLOR, JJ., concur.
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J.H. v. State, 71 So. 3d 202 (Fla. 5th DCA 2011)…concluded and changed oral pronouncement of “concurrent” to “consecutive” on one of defendant’s sentences; noting original pronouncement was neither ambiguous nor illegal, and pronouncement became final when sentencing hearing ended); I.B. v. State, 771 So. 2d 1258, 1259 (Fla. 4th DCA 2000) (concluding that the trial court’s action in setting aside a disposition order and then “resentencing appellant after his sentence had already been served” violated double jeopardy). Here, the trial court had orally pronou…
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Pate v. State, 908 So. 2d 613 (Fla. 2d DCA 2005)…sentences. The subsequent reinstatement of the forty-year sentences constituted resentencing in contravention of the double jeopardy clause. See Maybin, 884 So. 2d at 1175; Willingham v. State, 833 So. 2d 237, 238 (Fla. 4th DCA 2002); I.B. v. State, 771 So. 2d 1258, 1259 (Fla. 4th DCA 2000); Sneed v. State, 749 So. 2d 545, 546 (Fla. 4th DCA 2000); see also Rivera, 862 So. 2d at 56 (adding a probation term inadvertently omitted during pronouncement of the sentence was not simply a “clarification,” but an amende…
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T.D.D. v. State, 981 So. 2d 674 (Fla. 2d DCA 2008)…. See Ashley v. State, 850 So. 2d 1265, 1267 (Fla.2003) (“Once a sentence has been imposed and the person begins to serve the sentence, that sentence may not be in [*676] creased without running afoul of double jeopardy principles.”); I.B. v. State, 771 So. 2d 1258, 1259 (Fla. 4th DCA 2000) (concluding that the trial court’s action in setting aside a disposition order and then “resentencing appellant after his sentence had already been served” violated double jeopardy). Thus we reverse the December 4 dispositi…
Authorities Cited
- Sneed v. State, 749 So. 2d 545 (Fla. 4th DCA 2000)