Legal Opinion · Concurrence

Bernal v. State

District Court of Appeal of Florida

Decided May 7, 2009No. 1D07-6292Published

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

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. North Carolina v. PearceSupreme Court of the United States · 1969
  3. Douglas v. CaliforniaSupreme Court of the United States · 1963
  4. Troupe v. RoweSupreme Court of Florida · 1973
  5. Fasenmyer v. StateSupreme Court of Florida · 1984

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