Legal Opinion

Kelly v. State

District Court of Appeal of Florida

Decided March 14, 2014No. 1D12-4795PublishedCited by 15 opinions

1Opinion of the CourtThomas, J.

Appellant raises two issues on appeal. He contends that the trial court committed reversible error during resentencing by imposing a mandatory minimum sentence that exceeded the court’s original mandatory minimum sentence. Appellant also argues the trial court erred by admitting into evidence certain photographic evidence. We affirm this second issue without further comment. For the reasons explained below, we reverse the trial court’s sentence imposed on resentencing.

Factual Background

Appellant was convicted of two counts of aggravated battery, one count of aggravated assault (all charged as…

2Cases cited6 opinions

  1. Armstrong v. HarrisSupreme Court of Florida · 2000
  2. Mendenhall v. StateSupreme Court of Florida · 2010
  3. Wiley v. StateDistrict Court of Appeal of Florida · 2013
  4. Rizzo v. StateDistrict Court of Appeal of Florida · 1983
  5. MacIas v. StateDistrict Court of Appeal of Florida · 1990

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3Cited by15 opinions

  1. Antoine v. StateDistrict Court of Appeal of Florida · 2014
  2. Cortez Hatten v. State of FloridaSupreme Court of Florida · 2016
  3. Hatten v. StateDistrict Court of Appeal of Florida · 2014
  4. Thomas E. King v. State of FloridaDistrict Court of Appeal of Florida · 2018
  5. Michael W. Levine v. State of FloridaDistrict Court of Appeal of Florida · 2014

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