IAN AIKEN, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Delemos v. State, 969 So. 2d 544 (Fla. 2d DCA 2007)
  …ing error challenging only the sentence on count l.5 We agree that under existing Florida law, this increase in the sentence on count 5 violated double jeopardy and was improper. See Pitts v. State, 935 So. 2d 634 (Fla. 2d DCA 2006); Kenny v. State, 916 So. 2d 38 (Fla. 4th DCA 2005). II. DOUBLE JEOPARDY GENERALLY The guarantee against double jeopardy appearing in the United States and Florida Constitutions generally consists of three separate constitutional protections: It protects against a second prosecu…

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• Piesus Reynolds v. State, 116 So. 3d 558 (Fla. 3d DCA 2013)
  …ce on a count not challenged by the defendant); Pitts v. State, 935 So. 2d 634 (Fla. 2d DCA 2006) (noting that a “motion to correct an illegal sentence does not authorize the trial court to modify a legal sentence on another count”); Kenny v. State, 916 So. 2d 38 (Fla. 4th DCA 2005) (holding trial court “lacked jurisdiction” to resentence defendant in two later cases not implicated in his motion to correct sentencing error); Gordon v. State, 635 So. 2d 1017 (Fla. 1st DCA 1994) (order remanding for resentenci…
• Bernal v. State, 76 So. 3d 1112 (Fla. 1st DCA 2011)
  …ences on counts IV and V, which petitioner had begun serving and were final by the time he filed his rule 3.800(b)(2) motion. See Delemos v. State, 969 So. 2d 544 (Fla. 2d DCA 2007); Pitts v. State, 935 So. 2d 634 (Fla. 2d DCA 2006); Kenny v. State, 916 So. 2d 38 (Fla. 4th DCA 2005); Seago v. State, 627 So. 2d 1316 (Fla. 2d DCA 1993). Accordingly, we grant the petition as to this claim and remand with directions that the trial court reinstate the original concurrent sentences on counts IV and V. See Gordon v…

Authorities Cited

• Bates v. State, 887 So. 2d 1214 (Fla. 2004)