Home/District Court of Appeal of Florida/Mann v. State

Mann v. State

853 So. 2d 573, 2003 Fla. App. LEXIS 13181, 2003 WL 22047758
Procedural entryThis page is a short order in Mann v. State. Read the opinion of the Court — 937 So. 2d 722 →
District Court of Appeal of Florida·Decided September 3, 2003·No. No. 3D03-194·Published

Opinion

ON MOTION FOR CLARIFICATION

PER CURIAM.

Based on appellee State of Florida’s motion for clarification and for withdrawal of mandate, we recall the mandate issued on May 21, 2003, withdraw the opinion rendered the same day and substitute the following in its stead. The sentence is reversed due to the trial court’s failure to justify the sentence of life imprisonment as a violent career criminal. See Smith v. State, 842 So.2d 1047 (Fla. 3d DCA 2003). The case is remanded to the trial court for re-sentencing by a different judge, pursuant to Wilson v. State, 845 So.2d 142 (Fla.2003) (the record must rebut any presumption of vindictiveness).

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

Mann v. State, 853 So. 2d 573, 2003 Fla. App. LEXIS 13181, 2003 WL 22047758 (Fla. Ct. App. 2003).

853 So. 2d 573 (Mann v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Wilson v. State
845 So. 2d 142 (Supreme Court of Florida, 2003)
Smith v. State
842 So. 2d 1047 (District Court of Appeal of Florida, 2003)