Barthel v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that where an agreed upon minimum-mandatory sentence was illegal, remedy was not automatic resentencing, instead, the state would be given the opportunity to agree to resentencing or to withdraw from the plea agreement and proceed to trial on the original charges
• holding where illegal sentence was imposed pursuant to plea bargain, state must be given option of either agreeing to resentencing to legal sentence or proceed to trial on original charges
• “An illegal sentence cannot be imposed pursuant to a negotiated plea and an illegal sentence is subject to correction at any time, including collaterally.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

6 cases in this archive cite this case.

• Wallen v. State
  District Court of Appeal of Florida· 2004-04-30· cited 6×
• Almenares v. State
  District Court of Appeal of Florida· 2004-09-17· cited 2×
• Rodriguez v. State
  District Court of Appeal of Florida· 2004-11-17· cited 1×
• Gamble v. State
  District Court of Appeal of Florida· 2011-05-18
• Howard v. State
  District Court of Appeal of Florida· 2014-11-07
• Jones v. State
  District Court of Appeal of Florida· 2017-03-29

Cites

7 cases in this archive are cited by this case.

• Taylor v. State
  District Court of Appeal of Florida· 2002-01-23· cited 189×
• State v. Franklin
  District Court of Appeal of Florida· 2003-02-12· cited 93×
• Green v. State
  District Court of Appeal of Florida· 2003-01-31· cited 76×
• Nieves v. State
  District Court of Appeal of Florida· 2002-12-11· cited 16×
• Lecorn v. State
  District Court of Appeal of Florida· 2002-11-08· cited 16×
• Bruno v. State
  District Court of Appeal of Florida· 2003-02-06· cited 15×
• Green v. State
  District Court of Appeal of Florida· 2002-12-04· cited 13×