DARYL DELEON RICE, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (12 total)

• Delemos v. State, 969 So. 2d 544 (Fla. 2d DCA 2007)
  …t begins serving it, at least in the absence of a proper appeal, “even if the original sentence was illegal or otherwise erroneous and the correction conforms to applicable law or to the court’s and parties’ intentions at sentencing.” Pate v. State, 908 So. 2d 613, 614 (Fla. 2d DCA 2005). Under those circumstances, the State is compelled to object and appeal the sentence or the sentence stands as originally imposed. See also Oliver v. State, 727 So. 2d 271, 272 (Fla. 4th DCA 1999) (holding that a rule 3.800(a…
• Gardner v. State, 30 So. 3d 629 (Fla. 2d DCA 2010)
  …. Ashley v. State, 850 So. 2d 1265, 1267 (Fla.2003). This is true even if the original sentence was illegal or othenvise erroneous and the correction conforms to applicable law or to the court’s and parties’ intentions at sentencing. Pate v. State, 908 So. 2d 613, 614 (Fla. 2d DCA 2005) (emphasis added). This court has further clarified Pate in holding: [E]ven if the sentence ... were illegal for failing to include the minimum mandatory term, this court has previously held that double jeopardy bars an incre…
• Clark v. State, 72 So. 3d 222 (Fla. 2d DCA 2011)
  …a portion of the confinement period suspended and the defendant placed on probation for that suspended portion.” Poore v. State, 531 So. 2d 161, 164 (Fla.1988). . We observe that certain language appearing in this court’s opinion in Pate v. State, 908 So. 2d 613 (Fla. 2d DCA 2005), may be read to imply the opposite conclusion. But Pate involved the resentencing of a defendant after the trial court reduced his sentence and ordered his release from prison. This was a clear violation of double jeopardy and is…