Nellums v. State

District Court of Appeal of Florida

Nellums v. State

863 So. 2d 366, 2003 Fla. App. LEXIS 18006, 2003 WL 22768367

CourtDistrict Court of Appeal of Florida

DecidedNovember 25, 2003

DocketNos. 1D01-4947, 1D01-4949

StatusPublished

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This text of 863 So. 2d 366 (Nellums 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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Nellums v. State, 863 So. 2d 366, 2003 Fla. App. LEXIS 18006, 2003 WL 22768367 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

The appellant challenges the action of the trial court in resentencing him on November 14, 2001. We agree with the appellant that such resentencing is precluded by the constitutional protections against double jeopardy. Spear v. State, 632 So.2d 201 (Fla. 1st DCA 1994) (“The appellant had begun serving the lawful sentence which the court originally imposed, and resentencing is not permitted merely because of a misapprehension as to the court’s sentencing prerogatives”).

We reverse the sentence imposed on November 14, 2001, and remand with instructions to the trial court to reinstate the original sentence imposed on November 5, 2001.

BARFIELD, WEBSTER and BROWNING, JJ., concur.

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PER CURIAM.

The appellant challenges the action of the trial court in resentencing him on November 14, 2001. We agree with the appellant that such resentencing is precluded by the constitutional protections against double jeopardy. Spear v. State, 632 So.2d 201 (Fla. 1st DCA 1994) (“The appellant had begun serving the lawful sentence which the court originally imposed, and resentencing is not permitted merely because of a misapprehension as to the court’s sentencing prerogatives”).

We reverse the sentence imposed on November 14, 2001, and remand with instructions to the trial court to reinstate the original sentence imposed on November 5, 2001.

BARFIELD, WEBSTER and BROWNING, JJ., concur.

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863 So. 2d 366, 2003 Fla. App. LEXIS 18006, 2003 WL 22768367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nellums-v-state-fladistctapp-2003.

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