EDWARD C. STEWART, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EDWARD C. STEWART, APPELLANT,
STATE OF FLORIDA, APPELLEE
817 So. 2d 1056
Florida District Court of Appeal, First District (2002)
Opinion of the Court
PER CURIAM.
The appellant challenges a sentence which was imposed at a resentencing proceeding after this court’s opinion issued in Stewart v. State, 790 So. 2d 440 (Fla. 1st DCA 2000), rev. denied, 791 So. 2d 1101 (Fla.2001). However, the mandate in that earlier appeal had not yet issued when the appellant was resentenced, and because the case was thus still pending on appeal the trial court did not have jurisdiction for resentencing at that time. See Knapp v. State, 741 So. 2d 1150 (Fla. 2d DCA 1999); Smith v. State, 407 So. 2d 399 (Fla. 1st DCA 1981), rev. denied, 417 So. 2d 330 (Fla.1982). The challenged sentence is therefore vacated, and the case is remanded for resentencing.
ALLEN, C.J., MINER and WEBSTER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Sheffield v. State, 790 So. 2d 440 (Fla. 1st DCA 2000)
- Wilson v. State, 741 So. 2d 1150 (Fla. 2d DCA 1999)
- Knapp v. State, 741 So. 2d 1150 (Fla. 2d DCA 1999)
- Smith v. State, 407 So. 2d 399 (Fla. 1st DCA 1981)