RICARDO L. JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RICARDO L. JOHNSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
928 So. 2d 461
Florida District Court of Appeal, Fifth District (2006)
Negative Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. See Johnson v. State, 875 So. 2d 633 (Fla. 5th DCA 2004); Brown v. State, 813 So. 2d 132 (Fla. 5th DCA 2002).
SHARP, W., TORPY and LAWSON, JJ., concur.
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State of Fla. & Dep't of Juv. Just. v. S.M., 131 So. 3d 780 (Fla. 2013)…at “[bjecause S.M.’s RAI score was zero, the [trial] court erred in placing her in home detention.” Id. at 176. The Fourth District’s decision expressly and directly conflicts with R.J.L. v. State, 22 So. 3d 130 (Fla. 5th DCA 2009), B.L.G. v. State, 928 So. 2d 461 (Fla. 5th DCA 2006), and T.D.S. v. State, 922 So. 2d 346 (Fla. 5th DCA 2006), in which the Fifth District Court of Appeal concluded that a juvenile may be placed in home detention with a risk assessment score of zero. We have jurisdiction. See art.…
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Johnson v. State, 948 So. 2d 896 (Fla. 5th DCA 2007)…son, however, made the same assertion in both his first and second rule 3.800(a) motions, which were denied by the trial court and affirmed by this Court on appeal.1 See Johnson v. State, 875 So. 2d 633 (Fla. 5th DCA 2004) (table); Johnson v. State, 928 So. 2d 461 (Fla. 5th DCA 2006). Notably, in denying his second rule 3.800(a) motion as successive, the trial court also noted that vindictive sentencing claims are not cognizable in a rule 3.800(a) proceeding. See Bouno v. State, 900 So. 2d 672 (Fla. 5th DCA 2…
Authorities Cited
- Brown v. State, 813 So. 2d 132 (Fla. 5th DCA 2002)