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…
• Cassel Foulks v. State, 306 So. 3d 1178 (Fla. 3d DCA 2020)
  …t condition contrary to fact.”4 (emphasis added). This section encompasses any sentence the defendant was eligible to receive that might have been imposed at the original sentencing had a plea agreement not been reached. See, e.g., Aponte v. State, 810 So. 2d 1008, 1011 (Fla. 4th DCA 2002) (“There is no doubt that . . . the trial court could have assessed victim injury points at the original sentencing hearing had the state presented evidence to support victim injury points. Therefore, we see no reason why t…
• 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…

Authorities Cited

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