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Gardner v. State, Case No. 2D08-6198 (Fla. App. 3/17/2010) (Fla. App., 2010)

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STEPHEN J. GARDNER, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D08-6198. District Court of Appeal of Florida, Second District. Opinion filed March 17, 2010. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pasco County, Thane B. Covert, Judge. Noel H. Flasterstein of Law Offices of Noel H. Flasterstein, P.A., Tampa, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee. CASANUEVA, Chief Judge. Stephen J. Gardner appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because we reverse for resentencing on his claim that his sentencing violated double Page 2 jeopardy principles, Mr...continue to full post

Full post as published by Florida Criminal Law Opinions on March 17, 2010 (boomark / email).