DERRICK JAMES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Defendant appeals his convictions and sentences claiming that (1) the State improperly vouched for the credibility of its witnesses, (2) the trial court improperly admitted testimony related to similar act evidence, (3) the trial court improperly admitted a prior consistent statement of a witness, (4) the trial court improperly denied defendant’s motion for new trial relating to an alleged breach of a court order, (5) defendant’s trial counsel was ineffective, thereby prejudicing the defendant, (6) the State improperly suggested that the defendant was obligated to introduce a police report into evidence by objecting when defense counsel questioned a police officer about the report, and (7) the defendant was improperly sentenced.
In view of the fact that we find that all of appellant’s arguments lack merit, we affirm the convictions and sentences in all respects.
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Piesus Reynolds v. State, 116 So. 3d 558 (Fla. 3d DCA 2013)…us counts or cases so as to achieve an “original sentencing intent.” The latter situation only applies, however, where the sentences to be restructured have been successfully challenged at the trial or appellate court level. See De La Cosa v. State, 784 So. 2d 452 (Fla. 3d DCA 2000). The De La Cosa opinion explains the difference between these two “lines of cases.” See id. at 454. In that case, Mr. De La Cosa was originally sentenced to life in prison for grand theft of the first degree. See id. at 453. He w…
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Kenny v. State, 916 So. 2d 38 (Fla. 4th DCA 2005)…resentence a defendant. This point is further bolstered by a line of cases involving resentencing defendants after appeals. See Fasenmyer v. State, 457 So. 2d 1361 (Fla.1984); Burnett v. State, 890 So. 2d 335 (Fla. 2d DCA 2004); De La Cosa v. State, 784 So. 2d 452 (Fla. 3d DCA 2000): Gordon v. State, 635 So. 2d 1017 (Fla. 1st DCA 1994).. Fasenmyer, which the other cases cited followed, concluded that aggregate sentencing as it relates to a trial judge’s intent to effectuate the original sentencing does not ju…
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Chaires v. State, 909 So. 2d 528 (Fla. 1st DCA 2005)…ow and that resentencing on count II was prohibited by Fasenmyer v. State, 457 So. 2d 1361 (Fla.1984). Accord Cochran v. State, 899 So. 2d 490, 492-93 (Fla. 2d DCA 2005); Burnett v. State, 890 So. 2d 335, 337 (Fla. 2d DCA 2004); De La Cosa v. State, 784 So. 2d 452, 454-55 (Fla. 3d DCA 2000); Gordon v. State, 635 So. 2d 1017, 1018 (Fla. 1st DCA 1994). Therefore, we vacate the life sentence as an habitual felony offender imposed as to count II and remand with directions that the trial court impose the original…
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