Legal Opinion

Sinclair v. State

District Court of Appeal of Florida

Decided June 29, 2011No. 3D11-77PublishedCited by 2 opinions

1Per curiam

Murphy Sinclair appeals the trial court’s order denying his motion to correct illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). Sinclair contends that the trial court violated the double jeopardy clause when it sentenced him to concurrent habitual felony offender and prison releasee reoffender sentences. We disagree and affirm.

Following a jury trial, the jury found Sinclair guilty of resisting an officer without violence and burglary of an occupied dwelling. The court sentenced him to twenty years as a habitual felony offender (“HFO”) with a fifteen-year minimum…

2Cases cited3 opinions

  1. Grant v. StateSupreme Court of Florida · 2000
  2. Pacheco v. StateDistrict Court of Appeal of Florida · 2000
  3. Sinclair v. StateDistrict Court of Appeal of Florida · 2008

3Cited by2 opinions

  1. Williams v. StateDistrict Court of Appeal of Florida · 2014
  2. Newton v. Secretary, Department of Corrections (Pinellas County)District Court, M.D. Florida · 2019

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