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20 Florida opinions name it 2 courts 1982–2022 1 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Bozza v. United Statesgreen2 sentences2022Williams v. State, 957 So. 2d 600, 603 (Fla. 2007). 4 a wrong move by the judge means immunity for the prisoner.” Bozza v. United States, 330 U.S. 160, 166-67 (1947). 2018BLACK, J., Concurs with opinion. 2Our holding comports with the United States Supreme Court's statement that "[t]he Constitution does not require that sentencing should be a game in which a wrong move by the judge means immunity for the prisoner." United States v. DiFrancesco, 449 U.S. 117, 135 (1980) (quoting Bozza v. United States, 330 U.S. 160, 166-67 (1947)); see also Harris v. State, 645 So. 2d 386, 388 (Fla. 1994) (quoting DiFrancesco with approval). -7- BLACK, Judge, concurring with opinion. | 8 | 13 |
Harris v. Stategreen2 sentences2018BLACK, J., Concurs with opinion. 2Our holding comports with the United States Supreme Court's statement that "[t]he Constitution does not require that sentencing should be a game in which a wrong move by the judge means immunity for the prisoner." United States v. DiFrancesco, 449 U.S. 117, 135 (1980) (quoting Bozza v. United States, 330 U.S. 160, 166-67 (1947)); see also Harris v. State, 645 So. 2d 386, 388 (Fla. 1994) (quoting DiFrancesco with approval). -7- BLACK, Judge, concurring with opinion. 2012This Court has also stated that “[t]he Constitution does not require that sentencing should be a game in which a wrong move by the judge means immunity for the prisoner.” Harris v. State, 645 So.2d 386, 388 (Fla.1994) (quoting DiFrancesco, 449 U.S. at 135 , 101 S.Ct. 426 ). | 5 | 7 |
United States v. DiFrancescogreen2 sentences2018BLACK, J., Concurs with opinion. 2Our holding comports with the United States Supreme Court's statement that "[t]he Constitution does not require that sentencing should be a game in which a wrong move by the judge means immunity for the prisoner." United States v. DiFrancesco, 449 U.S. 117, 135 (1980) (quoting Bozza v. United States, 330 U.S. 160, 166-67 (1947)); see also Harris v. State, 645 So. 2d 386, 388 (Fla. 1994) (quoting DiFrancesco with approval). -7- BLACK, Judge, concurring with opinion. 2012See United States v. DiFrancesco, 449 U.S. 117, 135 , 101 S.Ct. 426 , 66 L.Ed.2d 328 (1980) (quoting Bozza v. United States, 330 U.S. 160, 166-67 , 67 S.Ct. 645 , 91 L.Ed. 818 (1947), for the principle that “[t]he Constitution does not require that sentencing should be a game in which a wrong move by the judge means immunity for the prisoner”). | 3 | 7 |
Clarence Williams v. United Statesgreen2 sentences2009Id. at 395 (quoting Williams v. United States, 422 F.2d 1318, 1318 (5th Cir.1970)). “[S]entencing should [not] be a game in which a wrong move by the judge means immunity for the prisoner.” Id. at 396 (quoting Bozza v. United States, 330 U.S. 160, 166-67 , 67 S.Ct. 645 , 91 L.Ed. 818 (1947)). 2 Here, the defendant had not been fingerprinted, had not left the courtroom, and had not begun to serve his sentence when the trial court continued the sentencing hearing for a few minutes to obtain additional information. 2009Id. at 395 (quoting Williams v. United States, 422 F.2d 1318, 1318 (5th Cir.1970)). “[S]entencing should [not] be a game in which a wrong move by the judge means immunity for the prisoner.” Id. at 396 (quoting Bozza v. United States, 330 U.S. 160, 166-67 , 67 S.Ct. 645 , 91 L.Ed. 818 (1947)). 2 Here, the defendant had not been fingerprinted, had not left the courtroom, and had not begun to serve his sentence when the trial court continued the sentencing hearing for a few minutes to obtain additional information. | 1 | 3 |
Gallinat v. Stategreen1 sentence2022The Double Jeopardy clause serves, in part, to protect a defendant’s “‘legitimate expectations’ as to the length of his sentence.” Goene v. State, 577 So. 2d 1306, 1308 (Fla. 1991). “[C]orrecting an erroneous jail credit calculation in no way increases the sentence imposed.” Gallinat v. State, 941 So. 2d 1237, 1239 (Fla. 5th DCA 2006). | 1 | 1 |
Goene v. Stategreen1 sentence2022The Double Jeopardy clause serves, in part, to protect a defendant’s “‘legitimate expectations’ as to the length of his sentence.” Goene v. State, 577 So. 2d 1306, 1308 (Fla. 1991). “[C]orrecting an erroneous jail credit calculation in no way increases the sentence imposed.” Gallinat v. State, 941 So. 2d 1237, 1239 (Fla. 5th DCA 2006). | 1 | 1 |
Williams v. Stategreen1 sentence2022Williams v. State, 957 So. 2d 600, 603 (Fla. 2007). 4 a wrong move by the judge means immunity for the prisoner.” Bozza v. United States, 330 U.S. 160, 166-67 (1947). | 1 | 1 |
Ashley v. Stategreen1 sentence2011Nonetheless, the decision here shows the foresight in the concern of the Ashley dissenters, 850 So.2d at 1271 (Harding, Senior Justice, dissenting), that the majority’s opinion there would “turn sentencing hearings into the game-like atmosphere that the United States Supreme Court condemned in [United States v. DiFrancesco, 449 U.S. 117, 135 , 101 S.Ct. 426 , 66 L.Ed.2d 328 (1980) ],” where it observed that “the Constitution does not require that sentencing should be a game in which a wrong move by the judge means immunity for the prisoner.” Akins is entitled to no relief. | 1 | 1 |
Ashley v. Stategreen1 sentence2003As the court below noted, "the Constitution does not require that sentencing should be a game in which a wrong move by the judge means immunity for the prisoner." Ashley v. State, 772 So.2d 42, 43 (Fla. 1st DCA 2000) (quoting United States v. DiFrancesco, 449 U.S. 117, 135 , 101 S.Ct. 426 , 66 L.Ed.2d 328 (1980)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Kroll v. United States
green
2 sentences2001The First District Court of Appeal in Rizzo v. State, 430 So.2d 488 (Fla. 1st DCA *396 1983), rev. denied, 440 So.2d 353 (Fla. 1983), pointed out that: It is well established that once a defendant has begun a lawfully-imposed sentence, the defendant may not thereafter be re-sentenced for an increased term of incarceration. [Citations omitted.] However, as the United States Supreme Court indicated in Bozza v. U.S., 330 U.S. 160 , 67 S.Ct. 645 , 91 L.Ed. 818 (1947), "the Constitution does not require that sentencing should be a game in which a wrong move by the judge means immunity for the priso 1983However, as the United States Supreme Court indicated in Bozza v. U.S., 330 U.S. 160 , 67 S.Ct. 645 , 91 L.Ed. 818 *489 (1947), "the Constitution does not require that sentencing should be a game in which a wrong move by the judge means immunity for the prisoner," and as our own court has held in Williams v. State, 365 So.2d 201 (Fla. 1st DCA 1978), a trial court need not adhere to a sentence "merely because it has been announced." Accord, Kroll v. U.S., 433 F.2d 1282 (5th Cir.1970); Williams v. U.S., 422 F.2d 1318 (5th Cir.1970). | 2 | 1983–2001 |
Williams v. State
green
2 sentences2001The First District Court of Appeal in Rizzo v. State, 430 So.2d 488 (Fla. 1st DCA *396 1983), rev. denied, 440 So.2d 353 (Fla. 1983), pointed out that: It is well established that once a defendant has begun a lawfully-imposed sentence, the defendant may not thereafter be re-sentenced for an increased term of incarceration. [Citations omitted.] However, as the United States Supreme Court indicated in Bozza v. U.S., 330 U.S. 160 , 67 S.Ct. 645 , 91 L.Ed. 818 (1947), "the Constitution does not require that sentencing should be a game in which a wrong move by the judge means immunity for the priso 1983However, as the United States Supreme Court indicated in Bozza v. U.S., 330 U.S. 160 , 67 S.Ct. 645 , 91 L.Ed. 818 *489 (1947), "the Constitution does not require that sentencing should be a game in which a wrong move by the judge means immunity for the prisoner," and as our own court has held in Williams v. State, 365 So.2d 201 (Fla. 1st DCA 1978), a trial court need not adhere to a sentence "merely because it has been announced." Accord, Kroll v. U.S., 433 F.2d 1282 (5th Cir.1970); Williams v. U.S., 422 F.2d 1318 (5th Cir.1970). | 2 | 1983–2001 |
Curtis v. State
green
1 sentence2009Id. at 395 (quoting Williams v. United States, 422 F.2d 1318, 1318 (5th Cir.1970)). “[S]entencing should [not] be a game in which a wrong move by the judge means immunity for the prisoner.” Id. at 396 (quoting Bozza v. United States, 330 U.S. 160, 166-67 , 67 S.Ct. 645 , 91 L.Ed. 818 (1947)). 2 Here, the defendant had not been fingerprinted, had not left the courtroom, and had not begun to serve his sentence when the trial court continued the sentencing hearing for a few minutes to obtain additional information. | 1 | 2009–2009 |
Rizzo v. State
green
1 sentence2001The First District Court of Appeal in Rizzo v. State, 430 So.2d 488 (Fla. 1st DCA *396 1983), rev. denied, 440 So.2d 353 (Fla. 1983), pointed out that: It is well established that once a defendant has begun a lawfully-imposed sentence, the defendant may not thereafter be re-sentenced for an increased term of incarceration. [Citations omitted.] However, as the United States Supreme Court indicated in Bozza v. U.S., 330 U.S. 160 , 67 S.Ct. 645 , 91 L.Ed. 818 (1947), "the Constitution does not require that sentencing should be a game in which a wrong move by the judge means immunity for the priso | 1 | 2001–2001 |
Farber v. State
green
1 sentence1983"The Constitution does not require that sentencing be a [technical] game in which a wrong move by a judge means immunity for the prisoner." Farber v. State, 409 So.2d at 72 , citing Bozza v. United States, 330 U.S. 160, 166-167 , 67 S.Ct. 645, 649 , 91 L.Ed. 818, 822 (1947). | 1 | 1983–1983 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.