Harris v. State, 734 So. 2d 1154

CAMPBELL, Acting Chief Judge.

Appellant, who was originally sentenced on April 13, 1998 to twenty-four months’ prison time with thirty-one days’ credit for time served, challenges the May 18, 1998 order resentencing him to four and one-half years’ prison with 419 days’ credit for time served. Appellant argues, and we agree, that once he began serving Ms legal sentence, the court could not increase his term. Resentencing on the same charge is a violation of double jeopardy. See Troupe v. Rowe, 283 So.2d 857 (Fla.1973); Hinton v. State, 446 So.2d 712 (Fla. 2d DCA 1984). Accordingly, we vacate Appellant’s sentence and remand for reimposition of the original sentence with the correct amount of credit for time served.

NORTHCUTT and SALCINES, JJ., Concur.

Case Details

Case Name: Harris v. State

Court Name: District Court of Appeal of Florida

Date Published: Jun 2, 1999

Citations: 734 So. 2d 1154; 1999 Fla. App. LEXIS 7214; 1999 WL 346132; No. 98-01895

Docket Number: No. 98-01895

Court Abbreviation: Fla. Dist. Ct. App.