SMITH, WARDEN

v.

SMITH

Citator

Cited By (46 total)

• Huff v. State, 495 So. 2d 145 (Fla. 1986)
  …f both trials for purposes of a double jeopardy analysis, McNish v. State, 47 Fla. 69, 36 So. 176 (1904), or in comparing disparate sentences pursuant to a claim of a due process violation, Roberson v. State, 258 So. 2d 257 (Fla.1971), cert. denied, 409 U.S. 885, 93 S.Ct. 112, 34 L.Ed.2d 141 (1972), these considerations are not present here. The effect of our decision in Huff I was to grant a new trial to appellant on all issues. As the United States Supreme Court has observed, at a new trial the parties m…
• Burley Gilliam v. State, 582 So. 2d 610 (Fla. 1991)
  …nd gave no reasons for the more severe sentence. The consecutive sentence for sexual battery therefore must be reversed and remanded for imposition of a concurrent sentence. Pearce; Wasman; Roberson v. State, 258 So. 2d 257 (Fla.1971), cert. denied, 409 U.S. 885, 93 S.Ct. 112, 34 L.Ed.2d 141 (1972). For the foregoing reasons, we affirm the convictions and death sentence, and remand for resentencing for the sexual battery consistent with this opinion. It is so ordered. oyerton, McDonald, barkett, GRIMES a…
• Poore v. State, 503 So. 2d 1282 (Fla. 5th DCA 1987)
  …sentence has been vacated and set aside. Even in that event there are special constitutionally required limitations, see N.C. v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969); Roberson v. State, 258 So. 2d 257 (Fla.1971), cert. denied, 409 U.S. 885, 93 S.Ct. 112, 34 L.Ed.2d 141 (1972). . A split sentence is never to be confused with probation with a condition of confinement which is an entirely different matter. The explanation in Villery v. Florida Parole and Probation Comm’n, 396 So. 2d 110…