Bernal v. State
District Court of Appeal of Florida
1ConcurrenceBenton, J.
This case presents at least an arguable issue about whether appellant’s resentenc-ing comported with the prohibitions against double jeopardy. See Fasenmyer v. State, 457 So.2d 1361, 1365-66 (Fla.1984) (citing North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969); Troupe v. Rowe, 283 So.2d 857 (Fla.1973)). But this is another case in which “the absence of any objection at the time of sentencing, followed by the failure to file a motion to correct sentencing error under Florida Rule of Criminal Procedure 3.800(b) before the initial brief was filed, precludes correction…
2Cases cited10 opinions
- Anders v. CaliforniaSupreme Court of the United States · 1967
- North Carolina v. PearceSupreme Court of the United States · 1969
- Douglas v. CaliforniaSupreme Court of the United States · 1963
- Troupe v. RoweSupreme Court of Florida · 1973
- Fasenmyer v. StateSupreme Court of Florida · 1984
5 more not listed; retrieve them via the Exa API.