CARLOS BOYD, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By (28 total)

• Cromartie v. State, 70 So. 3d 559 (Fla. 2011)
  …PER CURIAM. Carlos Cromartie seeks review of the decision of the First District Court of Appeal in Cromartie v. State, 16 So. 3d 882 (Fla. 1st DCA 2009), on the ground that it expressly and directly conflicts with Hannum v. State, 13 So. 3d 132 (Fla. 2d DCA 2009), on a question of law. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. For the following reasons, we quash the decision of the First District and remand to the trial court for resentencing. Facts Cromartie was convicted…

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• Irfan Nawaz v. State, 28 So. 3d 122 (Fla. 1st DCA 2010)
  …n in the trial court, this court may consider the error only if it is fundamental. See, e.g., Jackson v. State, 983 So. 2d 562, 574 (Fla.2008) (“[A]n unpreserved error may be considered on appeal only if the error is fundamental.”); Hannum v. State, 13 So. 3d 132, 135 (Fla. 2nd DCA 2009). Although a defendant challenging a sentencing error must generally file a motion under rule 3.800(b), Florida Rules of Criminal Procedure, in order to raise fundamental error on appeal, if the error is not an error in the s…
• Jackson v. State, 39 So. 3d 427 (Fla. 1st DCA 2010)
  …3d 1216 (Fla. 5th DCA 2009) (reversing sentence and remanding for resentencing before a different judge because original judge improperly based sentence upon defendant’s denying his involvement and failing to accept responsibility); Hannum v. State, 13 So. 3d 132, 134-36 (Fla. 2d DCA 2009) (concluding that trial court’s improper consideration of defendant’s maintaining his innocence at trial and at sentencing denied due process and constituted fundamental error, compelling reversal of sentence and remand for…