[Download] "Trotter V. State" by Florida Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Trotter V. State
- Author : Florida Supreme Court
- Release Date : January 22, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
We have for review the Fifth District Court of Appeal's opinion in Trotter v. State, 801 So. 2d 1041, 1043 (Fla. 5th DCA 2001), which certified conflict with the Second District Court of Appeal's opinion in Estrada v. State, 787 So. 2d 94, 96 (Fla. 2d DCA 2001). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. The conflict issue involves whether, upon remand for resentencing pursuant to Heggs v. State, 759 So. 2d 620 (Fla. 2000), *fn1 the trial court may exercise its discretion to impose a drug trafficking multiplier when the trial court did not impose the multiplier at the original sentencing. *fn2 For the reasons that follow, we conclude that double jeopardy is not violated and that due process principles are not implicated under the circumstances presented in this case. Accordingly, we approve the decision of the Fifth District.