RICARDO L. JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2006-05-02
No. 5D06-598
SHARP, W., TORPY and LAWSON, JJ., concur.
928 So. 2d 461 Florida District Court of Appeal, Fifth District (2006) Negative Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

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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    …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…

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