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LORMEUS v. STATE

No. 4D08-3033.

10 So.3d 190 (2009)

Anderson LORMEUS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 19, 2009.

Attorney(s) appearing for the Case

Clayton R. Kaeiser, Miami Beach, for appellant.

No appearance required for appellee.

GROSS, C.J.

We hold that double jeopardy does not prevent a court from granting the state's timely motion to rehear an order granting a rule 3.800(a) motion that was based on false or incomplete information.

Appellant pleaded no contest to one count of neglect to a child, a second degree felony. See § 827.03(3), Fla. Stat. (2003). During the plea conference, the crime was identified as a second degree felony. The trial court sentenced appellant...

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