Supreme Court of Florida

Reversal of a sentence as a habitual felony offender after defendant plead no contest to robbery is affirmed but the decision is quashed to the extent it precluded the state from introducing additional evidence on remand where: 1) Shull does not apply since the prevention of after-the-fact justifications for a previously imposed departure sentence is not implicated; and 2) neither due process nor the double jeopardy clause are violated by granting the state a second opportunity to demonstrate that defendant meets the criteria for habitualization.

Appellate Information

• Decided 06/05/2008
• Published 06/05/2008

Judges

• CANTERO, J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Bill McCollum, Attorney General, Tallahassee, Florida, and Robert J. Krauss, Assistant Attorney General, Bureau Chief, and Ronald Napolitano, Assistant Attorney General, Tampa, FL, for Petitioner.


• For Appellees:
  
• James Marion Moorman, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, FL, for Respondent.