PRIESTLY DAN GREEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court reversed a trial court's summary denial of a Rule 3.850 postconviction relief motion, finding that three of the appellant's claims were facially sufficient and required full consideration rather than summary dismissal. The court held that the appellant adequately alleged illegal resentencing in violation of double jeopardy principles and ineffective assistance of counsel.
The court reversed the summary denial of three claims because they were facially sufficient and the trial court failed to attach record portions conclusively refuting entitlement to relief. The court affirmed the denial of the claim regarding failure to file a motion to withdraw the plea. The court held that once a legal sentence has been imposed and a defendant begins serving it, the trial court cannot increase that sentence without violating double jeopardy.
[1] A trial court errs by summarily denying post-conviction relief claims without attaching record portions that conclusively refute the movant's entitlement to relief.
[2] Once a legal sentence has been imposed and a defendant begins serving that sentence, the trial court cannot increase the sentence without violating double jeopardy princi…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Once a legal sentence has been imposed and a defendant begins serving that sentence, the trial court cannot increase that sentence without violating double jeopardy.”
Establishes the controlling legal principle from Ashley v. State that prevents post-sentencing increases once service has begun
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePriestly Dan Green was initially sentenced to 10 years' imprisonment followed by 10 years' probation and began serving that sentence. The trial court …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Double Jeopardy Principles cases and more on FLexlaw
PER CURIAM.
The appellant appeals the trial court’s summary denial of his motion for postcon-viction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the trial court erred in denying three of the appellant’s facially sufficient claims without attaching record portions conclusively refuting his entitlement to relief, we reverse and remand the cause for further proceedings. We affirm the trial court’s order without discussion to the extent that it denied the appellant’s claim of ineffective assistance of counsel for failure to file a motion to withdraw his plea.
The appellant first claims that he was resentenced in violation of Ashley v. State, 850 So. 2d 1265, 1267 (Fla.2003), and double jeopardy principles, rendering his sentence illegal, and that counsel was ineffective for failure to object to the double jeopardy violation. He alleges that he was initially sentenced to 10 years’ imprisonment, followed by 10 years’ probation and that he began to serve that sentence before the trial court granted the state’s motion to correct sentencing error and resentenced him to a minimum mandatory 15 years’ imprisonment as a prison releasee reoffender. Once a legal sentence has been imposed and a defendant begins serving that sentence, the trial court cannot increase that sentence without violating double jeopardy. See Ashley, 850 So. 2d at 1267. Because there is no indication on the record that the state proved that the appellant qualified as a prison releasee reoffender prior to the imposition of the initial sentence, that sentence was presumptively legal. Assuming the appellant’s allegations to be true, the trial court violated Ashley and principles of double jeopardy in resentencing him to a more onerous term after he had begun serving a previously imposed legal sentence. The appellant has thus adequately alleged that his sentence is illegal and that counsel was ineffective for failure to object to the violation as he was prejudiced by the imposition of a more severe sentence. The trial court erred in denying these claims without attaching portions of the record that refute the appellant’s entitlement to relief.
The appellant also states a facially sufficient claim that his plea was involuntarily entered due to counsel’s ineffective assistance for failure to convey a favorable plea offer to him. See Cottle v. State, 733 So. 2d 963, 966 (Fla.1999). The state concedes that the trial court erroneously denied this claim without attaching record portions to conclusively refute it. We therefore also reverse the trial court’s summary denial of this claim.
AFFIRMED in part, REVERSED and REMANDED in part.
KAHN, VAN NORTWICK and HAWKES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Columbus Rickey Ashley v. State, 850 So. 2d 1265 (Fla. 2003)
- Cottle v. State, 733 So. 2d 963 (Fla. 1999)