State v. Jimenez

The State of Florida (the “State”) appeals the trial court’s order granting in part defendant, Diego J. Jimenez’s (“Jimenez”), Florida Rule of Criminal Procedure 3.800(a) motion. Specifically, the State appeals paragraph three of the trial court’s order which states:

3. In points three and four, the Defendant claims that the trial court violated the double jeopardy clause when the Defendant was resentenced in Counts 3, 4, 6 & 7, after the statutory maximum sentences had already been served. At the time of the original sentence in 2003, the Defendant was sentenced to sixty (60) years in state…