WAYMOND JOE GIBSON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• State v. Marshall, 869 So. 2d 754 (Fla. 5th DCA 2004)
  …out by the law. Furthermore, since the defendant’s violation of probation triggered the resen-tencing, the defendant is not being sentenced for “precisely the same conduct” .... [Cites omitted]. Roberts, 644 So. 2d at 82. See also Aponte v. State, 810 So. 2d 1008 (Fla. 4th DCA 2002); Atkins v. State, 787 So. 2d 57 (Fla. 2d DCA 2001); Hernandez v. State, 776 So. 2d 356 (Fla. 3d DCA 2001). In the present case the trial court awarded Mr. Marshall a downward departure sentence after the violation of probation w…
• Carrigan v. State, 873 So. 2d 605 (Fla. 5th DCA 2004)
  …admitted, unless he or she has previously been adjudged guilty, and impose any sentence which it might have originally imposed before placing the probationer'on probation or the offender into community control, (emphasis added). In Aponte v. State, 810 So. 2d 1008 (Fla. 4th DCA 2002), the Fourth District held that victim injury points could be assessed upon a violation of probation despite the fact such points were not assessed in connection with the original sentencing. The court explained that the original…
• Street v. State, 899 So. 2d 440 (Fla. 4th DCA 2005)
  …ate reversal of an illegal sentence, a defendant is entitled to a de novo sentencing hearing, during which both the state and the defendant can put on additional evidence and raise issues regarding a defendant’s scoresheet anew. See Aponte v. State, 810 So. 2d 1008 (Fla. 4th DCA 2002); Altman v. State, 756 So. 2d 148 (Fla. 4th DCA 2000). In Mills, this court determined that the law of the case doctrine did not apply to preclude the defendant from challenging the validity of prior convictions used to calculate…

Authorities Cited

• Hale v. State, 630 So. 2d 521 (Fla. 1993)
• Holsworth v. State, 522 So. 2d 348 (Fla. 1988)