MAURICE D. BROWN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Delemos v. State, 969 So. 2d 544 (Fla. 2d DCA 2007)
  …his sentence based upon a motion to correct sentencing 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…
• Piesus Reynolds v. State, 116 So. 3d 558 (Fla. 3d DCA 2013)
  …ounts where sentence was illegal); Delemos v. State, 969 So. 2d 544 (Fla. 2d DCA 2007) (explaining Florida law in detail and holding trial court “lacked authority” to modify legal sentence 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” t…
• Benny Arzola Martinez v. State, 216 So. 3d 734 (Fla. 4th DCA 2017)
  …er counts is not permitted because he did not attack those sentences in his second motion. In support of his argument, he cites State v. Bynes, 121 So. 3d 619 (Fla. 4th DCA 2013); Reynolds v. State, 116 So. 3d 558 (Fla. 3d DCA 2013); Pitts v. State, 935 So. 2d 634 (Fla. 2d DCA 2006); and Wilhelm v. State, 543 So. 2d 434 (Fla. 2d DCA 1989). We are not persuaded by the defendant’s argument because the cases upon which he relies do not reflect that guilt was determined by a plea agreement, as was the case here.…