McKinnon v. State

In McKinnon v. State, 523 So.2d 1238 (Fla. 1st DCA 1988), the trial court’s imposition of sentence was reversed and remanded. Mandate in that cause was issued June 6, 1988, and the trial court resentenced appellant on June 13 in accordance with that mandate. A notice of appeal from the order of resentencing was filed June 20, 1988. On June 21, the assistant state attorney moved the trial court to vacate the new sentence on grounds that it had no jurisdiction because both state and defendant had previously petitioned the Florida Supreme Court for review of this court's earlier opinion. The…