NATIONWIDE MUTUAL INSURANCE COMPANY, APPELLANT,
v.
DR. WILLIAM B. WATERS, APPELLEE

Fla. 1st DCA | 2002-03-25
No. 1D02-0329
KAHN, PADOVANO and POLSTON, JJ., concur.
810 So. 2d 1101 Florida District Court of Appeal, First District (2002) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

DISMISSED. See Benton v. Moore, 655 So. 2d 1272 (Fla. 1st DCA 1995).

KAHN, PADOVANO and POLSTON, JJ., concur.


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    …nt was resentenced because he correctly alleged in his rule 3.800(a) motion that he should not have been habit-ualized on his conviction, which was for a life felony with an offense date between October 1, 1995, and May 24, 1997. See Green v. State, 810 So. 2d 1101 (Fla. 1st DCA 2002). He appeals the resentencing because, he alleges, he was neither present nor represented by counsel at the resen-tencing. His claim has merit. A defendant has a right to be present at resentencing from a rule 3.800(a) motion. R…
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    …ter 95-182 as unconstitutional. The imposition of a habitual felony offender sentence for a life felony can be challenged under the authority of Thompson if the life felony was committed between October 1, 1995, and May 24, 1997. See Green v. State, 810 So. 2d 1101 (Fla. 1st DCA 2002) (holding that the window period for challenging the enhanced sentencing provisions created by chapter 95-182 is from October 1, 1995, to May 24, 1997). Since Kinsey’s life felonies were committed on January 27, 1997, during the…
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