RICHARD LEON GREEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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KELLY, Judge.
Richard Leon Green appeals his judgments and sentences for felony petit theft, resisting arrest without violence, possession of cocaine, and possession of paraphernalia. Citing this court’s decision in Baskin v. State, 898 So. 2d 266 (Fla. 2d DCA 2005), the State concedes that it was error for Green to be sentenced by a judge other than the judge who accepted his plea. See also Lopez v. State, 905 So. 2d 1045 (Fla. 2d DCA 2005); Gay v. State, 898 So. 2d 1203 (Fla. 2d DCA 2005); Clemons v. State, 816 So. 2d 1180 (Fla. 2d DCA 2002). Accordingly, we reverse Green’s sentences and remand for resentencing before the original judge unless the State can demonstrate on the record that resentencing by a different judge is necessary.
Reversed and remanded.
STRINGER and WALLACE, JJ., Concur.
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Citator
Cited By (17 total)
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Zamir Garzon v. State, 980 So. 2d 1038 (Fla. 2008)…tate, 939 So. 2d 278 (Fla. 4th DCA 2006). The district court certified that its decision is in direct conflict with the decisions of the First and Second District Courts of Appeal in Davis v. State, 922 So. 2d 279 (Fla. 1st DCA 2006), Zeno v. State, 910 So. 2d 394 (Fla. 2d DCA 2005), and Cabrera v. State, 890 So. 2d 506 (Fla. 2d DCA 2005). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const.1 In this case, we address the unobjected-to use of the “and/or” conjunctive phrase between the names of defendants…1 / 2
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Zamir Garzon and Ray C. Balthazar v. State, 939 So. 2d 278 (Fla. 4th DCA 2006)…ruction2; Dorsett does not address the effect of the giving of the principals instruction that is central to this case. With another line of cases we certify a direct conflict. Cabrera v. State, 890 So. 2d 506 (Fla. 2d DCA 2005), and Zeno v. State, 910 So. 2d 394 (Fla. 2d DCA 2005), arose from the same complex, 32 count racketeering, conspiracy and trafficking case with multiple codefendants. In both cases, the “and/or” conjunction linked the names of codefendants in the jury instructions on substantive crim…
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Love v. State, 971 So. 2d 280 (Fla. 4th DCA 2008)…he jury charge on the applicable law. In Garzon v. State, 939 So. 2d 278 (Fla. 4th DCA 2006), we adopted a contextual approach for deciding whether an "and/or” instruction gave rise to fundamental error. Garzon certified conflict with Zeno v. State, 910 So. 2d 394 (Fla. 2d DCA 2005), but the second district has since written that we read Zeno too broadly. See Green v. State, 968 So. 2d 86, 91 n. 9 (Fla. 2d DCA 2007). In both Womack v. State, 942 So. 2d 955 (Fla. 4th DCA 2006), and Dempsey v. State, 939 So. 2d…
Previewing 3 of 17 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Clemons v. State, 816 So. 2d 1180 (Fla. 2d DCA 2002)
- Walden v. State, 905 So. 2d 1045 (Fla. 1st DCA 2005)
- Baskin v. State, 898 So. 2d 266 (Fla. 2d DCA 2005)
- Colon v. State, 898 So. 2d 1203 (Fla. 2d DCA 2005)
- GAY v. State, 898 So. 2d 1203 (Fla. 2d DCA 2005)