Home -> Law Blog Directory -> Criminal Law Blogs -> JAABlog

Criminal Law

: JAABlog

CASES

By Jeffrey Ivashuk

Criminal law -- Sentencing -- Habitual offender -- Resentencing -- Where defendant objects at sentencing to the sufficiency of the state's evidence supporting habitual offender sentence, and on appeal the district court reverses habitual offender sentence on that basis, on remand for resentencing the state may present new evidence thatthe defendant is a habitual offender -- Resentencing is a de novo proceeding -- Allowing introduction of additional evidence at resentencing does not implicate double jeopardy concerns and does not violate due process33 Fla. L. Weekly S373b Criminal law -- Trafficking in marijuana greater than 25 but less than 2,000 pounds -- Search and seizure -- Package detention -- Trial court did not err in denying motion to suppress packages detained at a United Parcel Service facility to conduct a dog sniff -- Temporary detention of packages at UPS facility was not so unreasonable as to ?interfere, in any meaningful way? with defendant's packages, and, therefore, temporary detention was not a seizure within meaning of Fourth Amendment -- Because there was no seizure of packages, state did not need to establish reasonable suspicion -- Since dog sniff of packages was also not a search, defendant's Fourth Amendment rights were not implicated     33 Fla...continue to full post

Full post as published by JAABlog on June 07, 2008 (boomark / email).