Legal Opinion

Baptiste v. State

District Court of Appeal of Florida

Decided January 10, 2018No. 4D16–185Published

1Per curiam

We affirm the denial of appellant's motion for postconviction relief after an evidentiary hearing. See Fla. R. Crim. P. 3.850.

However, we remand for resentencing. In Baptiste v. State , 165 So.3d 746 (Fla. 4th DCA 2015), we held that appellant's convictions for home invasion robbery and burglary arising from a single criminal episode violated double jeopardy. On remand, the burglary conviction was vacated in February, 2016. The record does not reflect whether appellant was resentenced with a corrected scoresheet that does not include the burglary conviction. Appellant is entitled to be…

2Cases cited3 opinions

  1. Randy W. Tundidor v. State of FloridaSupreme Court of Florida · 2017
  2. Fernandez v. StateDistrict Court of Appeal of Florida · 2016
  3. Nelson Baptiste v. State of FloridaDistrict Court of Appeal of Florida · 2015

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