Legal Opinion

Brown v. State

District Court of Appeal of Florida

Decided February 7, 2014No. 1D13-2634PublishedCited by 1 opinion

1Per curiam

Foster Lee Brown appeals the summary denial of his motion seeking postconviction *364relief brought pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm, without comment, the postconviction court’s denial of the appellant’s first and third claims. However, as to his second claim, we reverse.

“Once a sentence has been imposed and the person begins to serve the sentence, that sentence may not be increased without running afoul of double jeopardy principles.” Ashley v. State, 850 So.2d 1265, 1267 (Fla.2003) (citing Lippman v. State, 633 So.2d 1061 (Fla.1994); Clark v. State, 579 So.2d…

2Cases cited7 opinions

  1. Ashley v. StateSupreme Court of Florida · 2003
  2. Toler v. StateDistrict Court of Appeal of Florida · 1986
  3. Lippman v. StateSupreme Court of Florida · 1994
  4. Clark v. StateSupreme Court of Florida · 1991
  5. State v. AkinsSupreme Court of Florida · 2011

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3Cited by1 opinion

  1. Obie Dewayne Holliman v. State of FloridaDistrict Court of Appeal of Florida · 2014

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