(Download) "Gleicher v. Claims Verification Incorporated" by District Court of Appeal of the State of Florida Fourth District July Term 2005 ~ Book PDF Kindle ePub Free
eBook details
- Title: Gleicher v. Claims Verification Incorporated
- Author : District Court of Appeal of the State of Florida Fourth District July Term 2005
- Release Date : January 10, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Jorge Delemos appeals his judgment for conspiracy to traffic in cocaine (count 1), trafficking in cocaine (count 5), and possession of paraphernalia (count 7). He challenges the trial courts decision to add a fifteen-year minimum mandatory term to his sentence on count 5 while resolving his motion pursuant to Florida Rule of Criminal Procedure 3.800(b)(2), which sought only to remove a similar minimum mandatory term from the sentence on count 1. We conclude that the trial court lacked authority to increase the sentence on count 5 when it corrected the sentence on count 1. Although the trial courts shifting of the minimum mandatory term from one sentence to the other undoubtedly seemed reasonable to that court, under existing statutes and case law the increase in the sentence for count 5 imposed after Mr. Delemos began serving that sentence violated principles of double jeopardy. We therefore reverse the amended sentence on count 5 and remand with instructions to strike the fifteen-year minimum mandatory term.