CHARLES JOHNSON, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By (14 total)

• Sands v. State, 899 So. 2d 1208 (Fla. 5th DCA 2005)
  …ong as the new sentence is not found to be vindictive.” Buchanan v. State, 781 So. 2d 449, 450 (Fla. 5th DCA 2001) (citing Norton v. State, 731 So. 2d 762 (Fla. 4th DCA 1999); Herring v. State, 411 So. 2d 966 (Fla. 3d DCA 1982)). In Tilley v. State, 871 So. 2d 294 (Fla. 5th DCA 2004), a case analogous to the instant case, the defendant filed a motion for postconviction relief under rule 3.850, which this court, sua sponte, considered under rule 3.800(a) because of the facial illegality of the sentence. In Til…
• Benny Arzola Martinez v. State, 216 So. 3d 734 (Fla. 4th DCA 2017)
  …hanan v. State, 781 So. 2d 449, 450 (Fla. 5th DCA 2001) (“A trial court can legally restructure a defendant’s sentences by changing concurrent terms to consecutive terms, as long as the new sentence is not found to be vindictive.”); Tilley v. State, 871 So. 2d 294, 295 (Fla. 5th DCA 2004) (holding that a sentence can be restructured in a manner that effectuates the plea agreement). The restructured incarceration sentence was approved on appeal, but the restructured probation sentence was reversed because it e…
• Williams v. State, 2 So. 3d 1089 (Fla. 5th DCA 2009)
  …49376 or allowing Appellant to withdraw his plea on all five cases. If the State chooses the former option, the lower court may restructure the sentences to give maximum effect to the plea agreement without imposing an HFO sentence. Tilley v. State, 871 So. 2d 294 (Fla. 5th DCA 2004). Because the offenses charged in these two cases arose from different transactions, the trial court may impose a fifteen-year sentence as a PRR on case number 05-2007-CF-49376, consecutive to concurrent five-year sentences in 05-…