PAUL DEL FAVERO, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Wilson v. State, 792 So. 2d 601 (Fla. 4th DCA 2001)
  …ion to resentence Wilson, and it is undisputed that he was originally sentenced pursuant to the unconstitutional amendments to the 1994 sentencing guidelines, we remand this case for another resen-tencing pursuant to Heggs. See id.; Cliatt v. State, 773 So. 2d 610, 611 (Fla. 5th DCA 2000); Kimbrough, 766 So. 2d at 1257. We disagree, however, with Wilson’s contention that his original sentence was vindictive and, therefore, he should, on remand, be resentenced by a different trial judge. A defendant may not b…
• Brooks v. State, 867 So. 2d 1276 (Fla. 4th DCA 2004)
  …rule within sixty days as required under the rule. Thus, the motion was deemed denied. See Fla. R.Crim. P. 3.800(b)(1)(B). Although the court later granted the motion and reduced his sentence, that order is considered a nullity. See Cliatt v. State, 773 So. 2d 610, 611 (Fla. 5th DCA 2000). Nevertheless, in case number 01-14442, the state concedes that appellant’s sentence should have been reduced to nine months, as the trial court did in its untimely order. Reversed and remanded for resentenc-ing in accorda…
• Wilson v. State, 846 So. 2d 1201 (Fla. 4th DCA 2003)
  …tion to resentence Wilson, and it is undisputed that he was originally sentenced pursuant to the unconstitutional amendments to the 1994 sentencing guidelines, we remand this case for another resentencing pursuant to Heggs. See id.; Cliatt v. State, 773 So. 2d 610, 611 (Fla. 5th DCA 2000); Kimbrough, 766 So. 2d at 1257. Further, pursuant to the mandate we now hold that the record creates an unre-butted presumption that the sentence was vindictive and therefore remand and direct that Wilson be resentenced in…