State v. Wagner

4 Citing cases

  1. Trotter v. State

    774 So. 2d 924 (Fla. Dist. Ct. App. 2001)   Cited 14 times
    Stating that although appellant was entitled to Heggs relief, the State was not entitled to withdraw the plea and proceed to trial with reinstatement of the original charge because case did not involve a negotiated plea, but instead involved a "straight-up guilty plea to the only charge contained in the information"

    However, in no event can the trial court increase the sentence beyond the original 83.2 month sentence because to do so would constitute a double jeopardy violation. See Berry v. State, 547 So.2d 1273, 1274 (Fla. 1st DCA 1989) (finding that the court can not impose a greater sentence once the defendant starts to serve an original sentence); State v. Wagner, 495 So.2d 283, 284 (Fla. 2nd DCA 1986) (stating "[s]ince Wagner has commenced service of his sentence, he may not be re-sentenced to a greater term of imprisonment. Such a term would constitute double jeopardy.").

  2. Gartrell v. State

    609 So. 2d 112 (Fla. Dist. Ct. App. 1992)   Cited 6 times

    Troupe v. Rowe, 283 So.2d 857, 860 (Fla. 1973) ("Jeopardy had attached in petitioner's case and [the] sentence which had been imposed could not thereafter be increased (as the second assistant state attorney's position would do) in violation of defendant's constitutional guaranty not [to] be twice placed in jeopardy."); State v. Wagner, 495 So.2d 283, 284 (Fla. 2d DCA 1986) ("[S]ince Wagner has commenced service of his sentence, he may not be resentenced to a greater term of imprisonment. Such a sentence would constitute double jeopardy.

  3. Harris v. State

    605 So. 2d 176 (Fla. Dist. Ct. App. 1992)

    We only find merit in his contention that he was twice put in jeopardy when he was resentenced after having begun to serve his original, legal sentence. Troupe v. Rowe, 283 So.2d 857 (Fla. 1973); State v. Wagner, 495 So.2d 283 (Fla. 2d DCA 1986). Accordingly, we reverse Harris's sentence and remand with directions that his original sentence be reinstated.

  4. Gonzalez v. State

    596 So. 2d 711 (Fla. Dist. Ct. App. 1992)   Cited 5 times

    Troupe v. Rowe, 283 So.2d 857, 860 (Fla. 1973) ("Jeopardy had attached in petitioner's case and sentence which had been imposed could not thereafter be increased (as the second assistant state attorney's position would do) in violation of defendant's constitutional guaranty not be twice placed in jeopardy."); State v. Wagner, 495 So.2d 283, 284 (Fla. 2d DCA 1986) ("[S]ince Wagner has commenced service of his sentence, he may not be resentenced to a greater term of imprisonment. Such a sentence would constitute double jeopardy.