Legal Opinion

Charles v. State

District Court of Appeal of Florida

Decided April 13, 2011No. 3D08-198PublishedCited by 1 opinion

1Opinion of the CourtShepherd, J.

Appellant, Jerry Charles, appeals the judgment and sentence imposed for attempted trafficking in cocaine, § 893.135(1)(b)1, Fla. Stat. (2007); § 777.04(1), Fla. Stat. (2007), and conspiracy to traffic in cocaine, § 893.135(5), Fla. *292Stat. (2007); § 777.011, Fla. Stat. (2007).1 We find no merit to Charles’ multiple challenges to his conviction. However, we reverse the increased sentence imposed on Charles at a sua sponte re-sentencing hearing, commenced by the trial judge on the ground the increased sentence violates the double jeopardy clause of article I, section 9, of the Florida…

2Cases cited9 opinions

  1. United States v. DiFrancescoSupreme Court of the United States · 1980
  2. Ashley v. StateSupreme Court of Florida · 2003
  3. Morganti v. StateSupreme Court of Florida · 1991
  4. Shepard v. StateDistrict Court of Appeal of Florida · 2006
  5. Gardner v. StateDistrict Court of Appeal of Florida · 2010

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3Cited by1 opinion

  1. Johanna L. Klingler v. State of FloridaDistrict Court of Appeal of Florida · 2018

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