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Merriman v. State

District Court of Appeal of Florida, Third District
Apr 17, 1996
671 So. 2d 879 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-734.

April 17, 1996.

An Appeal from the Circuit Court for Dade County; Stanford Blake and Alan L. Postman, Judges.

Bennett H. Brummer, Public Defender, and Ivy Ginsberg Shanock, Special Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Sylvie Perez Posner, Assistant Attorney General, Hollywood, for appellee.

Before JORGENSON, COPE and LEVY, JJ.


We affirm defendant's conviction. However, we have no alternative but to reverse the sentencing order and remand for reimposition of the original agreed twenty-four-year habitual offender sentence. There is no provision in the Florida Rules of Criminal Procedure for a trial court's subsequent enhancement of a legal sentence that it has imposed. Royal v. State, 389 So.2d 696, 697 (Fla. 2d DCA 1980); Fla.R.Crim.P. 3.800.

Affirmed in part; reversed in part; remanded with directions.


Summaries of

Merriman v. State

District Court of Appeal of Florida, Third District
Apr 17, 1996
671 So. 2d 879 (Fla. Dist. Ct. App. 1996)
Case details for

Merriman v. State

Case Details

Full title:DANNY RAY MERRIMAN, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Apr 17, 1996

Citations

671 So. 2d 879 (Fla. Dist. Ct. App. 1996)

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