Merriman v. State

District Court of Appeal of Florida

Merriman v. State

671 So. 2d 879, 1996 Fla. App. LEXIS 3986, 1996 WL 180442

CourtDistrict Court of Appeal of Florida

DecidedApril 17, 1996

DocketNo. 95-734

StatusPublished

Cited by1 cases

This text of 671 So. 2d 879 (Merriman v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Merriman v. State, 671 So. 2d 879, 1996 Fla. App. LEXIS 3986, 1996 WL 180442 (Fla. Ct. App. 1996).

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Opinion

PER CURIAM.

We affirm defendant’s conviction. However, we have no alternative but to reverse the sentencing order and remand for reimposition of the original agreed twenty-four-year habitual offender sentence. There is no provision in the Florida Rules of Criminal Procedure for a trial court’s subsequent enhancement of a legal sentence that it has imposed. Royal v. State, 389 So.2d 696, 697 (Fla. 2d DCA 1980); Fla.R.Crim.P. 3.800.

Affirmed in part; reversed in part; remanded with directions.

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PER CURIAM.

We affirm defendant’s conviction. However, we have no alternative but to reverse the sentencing order and remand for reimposition of the original agreed twenty-four-year habitual offender sentence. There is no provision in the Florida Rules of Criminal Procedure for a trial court’s subsequent enhancement of a legal sentence that it has imposed. Royal v. State, 389 So.2d 696, 697 (Fla. 2d DCA 1980); Fla.R.Crim.P. 3.800.

Affirmed in part; reversed in part; remanded with directions.

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671 So. 2d 879, 1996 Fla. App. LEXIS 3986, 1996 WL 180442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merriman-v-state-fladistctapp-1996.

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