Johnny Trevon Cook v. State of Florida, 225 So. 3d 268 (Fla. 4th DCA 2017). · Go Syfert
Johnny Trevon Cook v. State of Florida, 225 So. 3d 268 (Fla. 4th DCA 2017). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Strongest positive: JONATHAN LACUE v. STATE OF FLORIDA (fladistctapp, 2019-04-17)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) JONATHAN LACUE v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2019 · confidence medium
See § 775.082(1)(b)3., Fla. Stat. (2017) (“The court shall make a written finding as to whether a person is eligible for a sentence review hearing under s. 921.1402(2)(a) or (c).”); Cook v. State, 225 So. 3d 268, 269 (Fla. 4th DCA 2017) (affirming the sentence but remanding for the trial court to enter the written finding required by the applicable provision of section 775.082, Florida Statutes).
discussed Cited as authority (rule) ALDEN BENJAMIN WHITE v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2018 · confidence medium
See Jordan v. State, 143 So. 3d 335, 339 (Fla. 2014) (finding the defendant’s presence is not required where resentencing “involves only a ministerial act”); Cook v. State, 225 So. 3d 268, 269 (Fla. 4th DCA 2017) (affirming the sentence but remanding for the trial court to enter a written finding allowing for sentence review).
discussed Cited "see" Edward Babbs v. State of Florida
Fla. Dist. Ct. App. · 2026 · signal: see · confidence high
See Cook v. State, 225 So. 3d 268, 269 (Fla. 4th DCA 2017) (holding that a written finding is required by statute); Lacue v. State, 270 So. 3d 413, 413 (Fla. 4th DCA 2019) (holding that the trial court should have included language in the resentencing order providing for sentence review after 25 years).
cited Cited "see" Brown v. State
Fla. Dist. Ct. App. · 2017 · signal: see · confidence high
See Cook v. State, 225 So.3d 268, 269 (Fla. 4th DCA 2017); Cutts v. State, 225 So.3d 244, 245-46 (Fla. 4th DCA 2017); see also Hawkins v. State, 219 So.3d 982 (Fla. 1st DCA 2017).
Retrieving the full opinion text from the archive…
Johnny Trevon COOK, Appellant,
v.
STATE of Florida, Appellee
4D16-2788.
District Court of Appeal of Florida, Fourth District.
Jul 19, 2017.
225 So. 3d 268
2017 WL 3085341
2017 Fla. App. LEXIS 10450
Ashley Nicole Minton of Minton Law, P.A., Fort Pierce, for appellant., Pamela Jo Bondi, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.
Gerber, Gross, Kuntz, Per Curiam.
Cited by 3 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 81%
Citer courts: District Court of Appeal of Fl… (1)
Per Curiam.

In Cook v. State, 190 So.3d 215 (Fla. 4th DCA 2016), we affirmed appellant’s convictions but reversed for resentencing because appellant’s aggregate sentence of 93 years “did not give him a ‘meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation,’ and[*269] was thus unconstitutional.” Id. at 216 (quoting Graham v. Florida, 560 U.S. 48, 75, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010)).

At the resentencing hearing on remand, the trial judge heard testimony and resen-tenced appellant to an aggregate sentence' of 70 years. The trial judge recognized that appellant would be entitled to a meaningful review of his sentence under section 921.1402, Florida Statutes (2016).

Neither the judgment nor the sentence documentation indicate that appellant is entitled to sentence review. Written findings are required by statute. See § 775.082(3)(b)2.c., Fla. Stat. (2016) (providing that “[t]he court shall make a written finding as to whether a person is eligible for a sentence review hearing under s. 921.1402(b) or (c).”) (emphasis added).

We reject appellant’s claim of ineffective assistance of counsel on this direct appeal from the resentencing. The ineffectiveness complained of is not apparent on the face of the record. See Dennis v. State, 696 So.2d 1280 (Fla. 4th DCA 1997). We affirm the sentence but remand for the trial court to enter the written finding referenced above.

Gerber, G.J., Gross and Kuntz, JJ., concur.