ODDI HOME HEALTHCARE, INC., APPELLANT,

v.

THE STATE OF FLORIDA, AGENCY FOR HEALTHCARE ADMINISTRATION, APPELLEE

Citator

Cited By

• Lafave v. State, 149 So. 3d 662 (Fla. 2014)
  …if he had been sentenced as agreed ... this does not mean that the state may interfere with or challenge an exercise of the trial court's sentencing discretion not to enforce it.” 760 So. 2d at 243-44 (citations omitted). . But see Hashem v. State, 61 So. 3d 1290 (Fla. 3d DCA 2011), in which the Third District reversed the denial of the appellant-defendant's 3.850 motion and petition for habeas corpus, where he argued that the DOC’s allocation of credit for time served awarded by the trial court effectually…
• Ramos-Perez v. State, 99 So. 3d 515 (Fla. 3d DCA 2011)
  …state prison under the negotiated plea agreement, the trial court shall resentence the defendant in a manner that effectuates the plea agreement in light of the gain time forfeiture, or allow the defendant to withdraw his plea. See Hashem v. State, 61 So. 3d 1290 (Fla. 3d DCA 2011). Reversed and remanded for further proceedings.…
• State v. LaFAVE, 113 So. 3d 31 (Fla. 2d DCA 2012)
  …a party may contract away certain rights. While a non-party to a contract may retain certain rights, if that nonparty’s actions frustrate the contracting parties’ intent, courts will act to effectuate the parties’ intent. See, e.g., Hashem v. State, 61 So. 3d 1290, 1290 (Fla. 3d DCA 2011) (involving DOC’s allocation of credit for time served which effectively violated sentence imposed as a result of a plea agreement; court held that “[i]f the sentence, as written, cannot be carried out because of DOC’s guidel…