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Nowells v. State

District Court of Appeal of Florida, Third District
Mar 16, 2005
895 So. 2d 1279 (Fla. Dist. Ct. App. 2005)

Opinion

No. 3D02-2537.

March 16, 2005.

An Appeal from the Circuit Court for Miami-Dade County, Leon Firtel and Bertila Soto, Judges.

Bennett H. Brummer, Public Defender and Roy A. Heimlich, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Douglas J. Glaid, Assistant Attorney General, for appellee.

Before GREEN and WELLS, JJ., and SCHWARTZ, Senior Judge.


ON MOTION TO ENFORCE MANDATE


Upon the denial of review in State v. Nowells, No. SC03-720 (Fla. Mar. 7, 2005), Nowells is entitled to be resentenced to fifteen years in state prison in accordance with our previous opinion and mandate. Nowells v. State, 840 So.2d 415 (Fla. 3d DCA 2003). Accordingly, his motion to enforce mandate is granted and the cause remanded to vacate any previous sentences, and to resentence defendant to fifteen years in state prison, with credit for time served.

The Supreme Court apparently determined that the relief granted in Nowells, that is, the enforcement of the court-approved and sponsored plea offer, was not in direct conflict with the holding in the later-decided vindictive sentencing case of Wilson v. State, 845 So.2d 142 (Fla. 2003), that the defendant was entitled only to resentencing before another judge. See, e.g., Smith v. State, 842 So.2d 1047 (Fla. 3d DCA 2003) (following Wilson as to remedy).

Motion granted.


Summaries of

Nowells v. State

District Court of Appeal of Florida, Third District
Mar 16, 2005
895 So. 2d 1279 (Fla. Dist. Ct. App. 2005)
Case details for

Nowells v. State

Case Details

Full title:Theodore Wayne NOWELLS, Appellant, v. The STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Mar 16, 2005

Citations

895 So. 2d 1279 (Fla. Dist. Ct. App. 2005)