Hopping v. State

JOANOS, Judge.

This is an appeal from the denial of appellant’s rule 3.800 motion for post-conviction relief. One of the issues raised in the motion was whether appellant’s 1992 resentencing, which increased his sentence in response to his 1992 rule 3.800 motion for post-conviction relief, but did not exceed the statutory maximum, is an illegal sentence. We requested a response from the State on this issue, specifically on the effect of Troupe v. Rowe, 283 So.2d 857 (Fla.1973) (prohibiting increasing a legal sentence once it has commenced on double jeopardy grounds).

Citing the narrow…