WCI COMMUNITIES, INC., A FLORIDA CORPORATION, APPELLANT,
v.
COLIN STAFFORD, APPELLEE
WCI COMMUNITIES, INC., A FLORIDA CORPORATION, APPELLANT,
COLIN STAFFORD, APPELLEE
98 So. 3d 60
Florida District Court of Appeal, Second District (2009)
Positive Treatment
Cited by 2 cases
Opinion of the Court
The parties’ joint motion for dismissal of the appeal is granted and the appeal is dismissed. Accordingly, the opinion dated November 13, 2009, is hereby withdrawn.
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Patterson v. State, 114 So. 3d 264 (Fla. 4th DCA 2013)…n his case was clear on the face of the record — he now was sentenced to life, but without any enhancement, which was an illegal sentence. He requested resentencing pursuant to the applicable guidelines. Defendant cited cases such as Akins v. State, 98 So. 3d 60 (Fla. 2d DCA 2009) (reversing summary denial of 3.800(a) motion and holding that trial court, which imposed sentence on revocation of probation without mentioning defendant’s habitual felony offender status, then later modified sentence to clarify i…
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Santiago v. State, 147 So. 3d 1057 (Fla. 3d DCA 2014)…serve his original life sentence immediately upon its pronouncement on June 80, 2009. Thus, the purported “resentence” of Santiago as a habitual violent felony offender eight days later violated Santiago’s double jeopardy rights. See Akins v. State, 98 So. 3d 60 (Fla. 2d DCA 2009) (concluding transformation of a “guidelines” sentence imposed at a probation revocation hearing into a habitual offender sentence in a subsequent jail credit proceeding violated double jeopardy where the trial court inadvertently…