Florida District Courts of Appeal, 1996

Merriman v. State

Florida District Courts of Appeal · Decided April 17, 1996 · No. 95-734 · Cope, Jorgenson, Levy

671 So. 2d 879; 1996 Fla. App. LEXIS 3986; 1996 WL 180442 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Hopping v. State (Fla. Dist. Ct. App. 1996)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

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.

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