WILMANN RENAUD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILMANN RENAUD, APPELLANT,
STATE OF FLORIDA, APPELLEE
901 So. 2d 1032
Florida District Court of Appeal, Fourth District (2005)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
Pursuant to Florida Rule of Appellate Procedure 9.315(a), we summarily affirm the trial court’s denial of appellant’s successive rule 3.850 motion, and as in Covell v. State, 891 So. 2d 1132 (Fla. 4th DCA 2005), certify conflict with Fitzpatrick v. State, 863 So. 2d 462 (Fla. 1st DCA 2004) and Berthiaume v. State, 864 So. 2d 1257 (Fla. 5th DCA 2004). See also Campbell v. State, 718 So. 2d 886 (Fla. 4th DCA 1998) (citing Gardner v. State, 707 So. 2d 945 (Fla. 4th DCA 1998)).
STONE, KLEIN and GROSS, JJ„ concur.
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Wilmann Renaud v. State, 926 So. 2d 1241 (Fla. 2006)…PER CURIAM. We initially accepted jurisdiction to review Renaud v. State, 901 So. 2d 1032 (Fla. 4th DCA 2005), a decision of the Fourth District Court of Appeal certifying conflict with the decisions in Fitzpatrick v. State, 863 So. 2d 462 (Fla. 1st DCA 2004), and Berthiaume v. State, 864 So. 2d 1257 (Fla. 5th DCA 2004). See art. V, § 3(…
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Johnson v. State, 927 So. 2d 251 (Fla. 2d DCA 2006)…court from imposing a greater sentence of incarceration as authorized by law....” Thus, if the incarceration portion of an HFO sentence does not exceed the PRR sentence, the sentences violate the PRR. See Grant, 770 So. 2d at 659; Morales v. State, 901 So. 2d 1032, 1033 (Fla. 2d DCA 2005). Because the incarceration portion of Mr. Johnson’s HFO sentence equals his PRR sentence, we reverse and remand for re-sentencing. Reversed and remanded. WHATLEY and KELLY, JJ., Concur. . A true split sentence "consist[s…
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Antoine Museau v. State, 953 So. 2d 40 (Fla. 4th DCA 2007)…, we affirm the denial of relief, but without prejudice to Museau seeking relief pursuant to rule 3.850, if time allows. See Moreland v. State, 944 So. 2d 485 (Fla. 4th DCA 2006); Wilbon v. State, 944 So. 2d 397 (Fla. 4th DCA 2006); Renaud v. State, 901 So. 2d 1032 (Fla. 4th DCA 2005), review dismissed, 926 So. 2d 1241 (Fla.2006); see also Covell v. State, 891 So. 2d 1132 (Fla. 4th DCA 2005). As in Wilbon, we certify conflict with Fitzpatrick v. State, 863 So. 2d 462 (Fla. 1st DCA 2004), and Berthiaume v. Stat…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Campbell v. State, 718 So. 2d 886 (Fla. 4th DCA 1998)
- Fitzpatrick v. State, 863 So. 2d 462 (Fla. 1st DCA 2004)
- Berthiaume v. State, 864 So. 2d 1257 (Fla. 5th DCA 2004)
- T.D.R. v. State, 891 So. 2d 1132 (Fla. 5th DCA 2005)
- TIG Ins. Co. v. Wagner, 707 So. 2d 945 (Fla. 4th DCA 1998)
- Gardner v. State, 707 So. 2d 945 (Fla. 4th DCA 1998)