Legal Opinion

Hane v. State

District Court of Appeal of Florida

Decided February 24, 2006No. 5D04-1423Published

1Opinion of the CourtThompson, J.

Diana Hane timely appeals her resen-tencing to an increased term of confinement after she had already begun to serve her original sentence. Contending that the trial court’s resentencing violated double jeopardy, she argues that once a person begins to serve a sentence that has been imposed, the sentence may not be increased without running afoul of double jeopardy principles. Ashley v. State, 850 So.2d 1265, 1267 (Fla.2003); Johnson v. State, 881 So.2d 706, 707 (Fla. 3d DCA 2004). The parties do not dispute that, at the time of resentencing, Hane had begun to serve her sentence and that she…

2Cases cited4 opinions

  1. Ashley v. StateSupreme Court of Florida · 2003
  2. Godwin v. StateSupreme Court of Florida · 1992
  3. Edwards v. StateDistrict Court of Appeal of Florida · 2000
  4. Johnson v. StateDistrict Court of Appeal of Florida · 2004

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