Stewart v. State

District Court of Appeal of Florida

Stewart v. State

817 So. 2d 1056, 2002 Fla. App. LEXIS 7834, 2002 WL 1224989

CourtDistrict Court of Appeal of Florida

DecidedJune 6, 2002

DocketNo. 1D00-3817

StatusPublished

This text of 817 So. 2d 1056 (Stewart 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.

Bluebook

Stewart v. State, 817 So. 2d 1056, 2002 Fla. App. LEXIS 7834, 2002 WL 1224989 (Fla. Ct. App. 2002).

Pincite

Opinion

PER CURIAM.

The appellant challenges a sentence which was imposed at a resentencing proceeding after this court’s opinion issued in Stewart v. State, 790 So.2d 440 (Fla. 1st DCA 2000), rev. denied, 791 So.2d 1101 (Fla.2001). However, the mandate in that earlier appeal had not yet issued when the appellant was resentenced, and because the case was thus still pending on appeal the trial court did not have jurisdiction for resentencing at that time. See Knapp v. State, 741 So.2d 1150 (Fla. 2d DCA 1999); [1057]*1057Smith v. State, 407 So.2d 399 (Fla. 1st DCA 1981), rev. denied, 417 So.2d 330 (Fla.1982). The challenged sentence is therefore vacated, and the case is remanded for resentencing.

ALLEN, C.J., MINER and WEBSTER, JJ., concur.

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

PER CURIAM.

The appellant challenges a sentence which was imposed at a resentencing proceeding after this court’s opinion issued in Stewart v. State, 790 So.2d 440 (Fla. 1st DCA 2000), rev. denied, 791 So.2d 1101 (Fla.2001). However, the mandate in that earlier appeal had not yet issued when the appellant was resentenced, and because the case was thus still pending on appeal the trial court did not have jurisdiction for resentencing at that time. See Knapp v. State, 741 So.2d 1150 (Fla. 2d DCA 1999); [1057]*1057Smith v. State, 407 So.2d 399 (Fla. 1st DCA 1981), rev. denied, 417 So.2d 330 (Fla.1982). The challenged sentence is therefore vacated, and the case is remanded for resentencing.

ALLEN, C.J., MINER and WEBSTER, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

817 So. 2d 1056, 2002 Fla. App. LEXIS 7834, 2002 WL 1224989, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewart-v-state-fladistctapp-2002.

Opinion

Related

Cite This Page — Counsel Stack