ROBERT FREEMAN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (14 total)

• Sneed v. State, 749 So. 2d 545 (Fla. 4th DCA 2000)
  …een served. Moreover, where a sentence has already been served, even if it is an illegal sentence, the court lacks jurisdiction and would violate the Double Jeopardy Clause by resentencing the defendant to an increased sentence. See Palmer v. State, 182 So. 2d 625, 626-27 (Fla. 4th DCA 1966); of. United States v. Silvers, 90 F. 3d 95, 101 (4th Cir.1996). In Palmer, this court quoted with approval from 8 R.C.L., Criminal Laws, § 247 that: “Where a judgment has been fully satisfied by the defendant, the trial…
• State v. Ellis Dixon, 193 So. 2d 62 (Fla. 2d DCA 1966)
  …ther insurmountable barriers to relief of Dixon under Rule 1 are found in the extensive case law on the subject, such as Johnson v. State, Fla.1966, 184 So. 2d 161; McCormick v. State, Fla.App.1964, 164 So. 2d 557; and Palmer v. State, Fla.App.1966, 182 So. 2d 625. And the writ of error coram nobis would be equally unavailing. Grant v. State, Fla.App.1964, 166 So. 2d 503; Russ v. State, Fla.1957, 95 So. 2d 594; Fiske v. State, Fla.App.1958, 107 So. 2d 745; LaRocca v. State, Fla.App.1963, 151 So. 2d 64, and A…
• State v. Swider, 799 So. 2d 388 (Fla. 4th DCA 2001)
  …ndants argue in essence that they completed their sentence and therefore double jeopardy precludes retrial, or re-sentencing. In support of this proposition, they cite both Davis v. Wainwright, 408 So. 2d 824 (Fla. 3d DCA 1982), and Palmer v. State, 182 So. 2d 625 (Fla. 4th DCA 1966). Although the Defendant’s assessment of the holdings in those cases is accurate, the facts of the instant case deflate the weight of their argument. Unlike in Davis and Palmer, in the case at bar, there were no sentences to comp…

Authorities Cited

• Montgomery v. State, 176 So. 2d 331 (Fla. 1965)
• Griffin v. State, 124 So. 2d 38 (Fla. 1st DCA 1960)