JOHNSON v. STATE

No. 3D03-2747.

881 So.2d 706 (2004)

Eugene JOHNSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 9, 2004.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Michael E. Hantman, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and SHEVIN, J., and DAUKSCH, JAMES C., Jr., Senior Judge.


PER CURIAM.

Eugene Johnson appeals from eighty-three month sentences which were imposed after the trial court vacated his original sentences of forty-eight months, which Johnson had already begun to serve. Because, under these circumstances, the eighty-three month sentences violated Johnson's constitutional guarantee against double jeopardy, we reverse.

In circuit court case number 03-9433, Eugene Johnson was charged with burglary, grand theft, and criminal...

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