Dolinger v. State
Dolinger v. State
Opinion of the Court
Peter B. Dolinger appeals the denial of his motion for postconviction relief. He raises two grounds, one of which requires reversal. First, he claims that the court erred by conducting a resentencing hearing to correct a sentencing error without allowing him to be present. We agree. See Griffin v. State, 517 So.2d 669 (Fla. 1987) and State v. Scott, 439 So.2d 219 (Fla. 1983).
Dolinger’s second claim is without merit but warrants discussion. Dolinger was convicted of count one, obtaining possession of a controlled substance by fraud
Accordingly, we affirm the denial of relief as to the double jeopardy claim but reverse and remand for resentencing.
. Section 893.13(3)(a)(l) provides that it is unlawful for any person to "acquire or obtain, or attempt to acquire or obtain, possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge.”
. Section 893.13(l)(f) provides, in pertinent part, that it is unlawful for any person to “be in actual or constructive possession of a controlled substance."
Case-law data current through December 31, 2025. Source: CourtListener bulk data.