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MEHL v. STATE

No. 4D08-2281.

16 So.3d 1060 (2009)

Philip E. MEHL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 16, 2009.

Attorney(s) appearing for the Case

Benjamin S. Waxman and Alan S. Ross of Robbins, Tunkey, Ross, Amsel, Raben & Waxman, P.A., Miami, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for appellee.

CIKLIN, J.

In this case, we are called upon to decide if Philip Mehl's Fifth Amendment right to protection from double jeopardy was violated when the trial judge rescinded previously awarded jail credit. Because the lower court lacked the authority to sua sponte alter its previously announced sentencing decision, we must remand this matter for entry of a written order which conforms to the orally pronounced judicial sentencing...

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