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By Jeffrey Ivashuk

Criminal law -- Sentencing -- Restitution -- Principles of double jeopardy precluded trial court from increasing restitution amount once order setting the restitution amount was entered, although the amount the trial court originally ordered to be paid at sentencing hearing was based on erroneous information -- Earlier amended agreement which stated that defendant voluntarily agreed to make restitution to the victim in a greater amount and which stated that agreement would be void at the discretion of the state attorney or the court if defendant failed to meet conditions of the agreement, no longer had any legal effect once state attorney chose to void it and reinstate charges against defendant -- State could not rely on rule 3.800(c), which provides for reduction or modification of legal sentence, as basis for increasing legal sentence    33 Fla...continue to full post

Full post as published by JAABlog on May 16, 2008 (boomark / email).