Florida District Courts of Appeal, 1992

Harris v. State

Harris v. State
Florida District Courts of Appeal · Decided September 30, 1992 · Frank, Hall, Ryder
605 So. 2d 176; 1992 Fla. App. LEXIS 10338; 1992 WL 251023 (Southern Reporter, Second Series)

Harris v. State

Opinion of the Court

HALL, Judge.

Glenn Harris challenges his conviction of sale of cocaine within one thousand feet of a school. We only find merit in his contention that he was twice put in jeopardy when he was resenteneed 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.

RYDER, A.C.J., and FRANK, J., concur.

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