Butner v. State (2017)
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· 4 citation events
across 1 courts.
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Dawson v. State of Florida (2026)
See Butner v. State, 217 So. 3d 1162, 1164 (Fla. 2d DCA 2017) ("When it is unclear from the record whether the trial court would have imposed the same sentence if the trial court had known it had discretion, we must vacate the defendant's sentence and remand the case for resentencing.").
"When it is unclear from the record whether the trial court would have imposed the same sentence if the trial court had known it had discretion, we must vacate the defendant's sentence and remand the case for resentencing."
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Jose Luis Ventura v. the State of Florida (2025)
See Williams v. State, 249 So. 3d 721, 722-23 (Fla. 5th DCA 2018) (reversing and remanding, without resort to rule 3.800(b), for the “trial court to make a determination as to whether it [was] necessary for [the defendant] to be sentenced as a violent career criminal for the protection of the public and to impose a sentence accordingly”); Soanes v. State, 31 So. 3d 914, 914-15 (Fla. 4th DCA 2010) (reversing and remanding for resentencing without resort to rule 3.800(b) becau…
“When it is unclear from the record whether the trial court would have imposed the same sentence if the trial court had known it had discretion, we must vacate the defendant’s sentence and remand the case for resentencing.”
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MICHAEL ANTHONY PRENTICE v. STATE OF FLORIDA (2021)
See Sherrod v. State, 292 So. 3d 804 , 805 (Fla. 4th DCA 2020) (holding that resentencing not required when the record clearly demonstrated that the trial court would have imposed the same sentence despite the error regarding the grounds for probation revocation); Butner v. State, 217 So. 3d 1162, 1164 (Fla. 2d DCA 2017) (“When it is unclear from the record whether the trial court would have imposed the same sentence if the trial court had known it had discretion, we must va…
“When it is unclear from the record whether the trial court would have imposed the same sentence if the trial court had known it had discretion, we must vacate the defendant’s sentence and remand the case for resentencing.”
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MICHAEL ANTHONY PRENTICE v. STATE OF FLORIDA (2021)
See Sherrod v. State, 292 So. 3d 804 , 805 (Fla. 4th DCA 2020) (holding that resentencing was not required when the record clearly demonstrated that the trial court would have imposed the same sentence despite the error regarding the grounds for probation revocation); Butner v. State, 217 So. 3d 1162, 1164 (Fla. 2d DCA 2017) (“When it is unclear from the record whether the trial court would have imposed the same sentence if the trial court had known it had discretion, we mus…
“When it is unclear from the record whether the trial court would have imposed the same sentence if the trial court had known it had discretion, we must vacate the defendant’s sentence and remand the case for resentencing.”