5D00-2886 Sullivan v. State

State: Florida

Court: Florida Southern District Court

Docket No: 5D00-2886.op

Case Date: 11/26/2001

Plaintiff: 5D00-2886 Sullivan

Defendant: State

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT JULY TERM 2001

YVONNE SULLIVAN,
Appellant,
v. Case No. 5D00-2886
STATE OF FLORIDA,
Appellee.
/
Opinion filed November 30, 2001
Appeal from the Circuit Court for Brevard County, John M. Griesbaum, Judge.
James B. Gibson, Public Defender, and Barbara C. Davis, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Robert E. Bodnar, Jr., Assistant Attorney General, Daytona Beach, for Appellee.
ORFINGER, R. B., J.
Yvonne Sullivan appeals the sentence imposed after she was resentenced pursuant
to Heggs v. State, 759 So. 2d 620 (Fla. 2000).  Sullivan was originally sentenced to prison
without any subsequent probation.1 On resentencing, Sullivan contends that the trial court
erred when it added a period of probation to follow her prison sentence, reduced as a result of Heggs. We affirm.
Because her offense occurred within the Heggs window period, Sullivan filed a motion to correct her sentence.  See Trapp v. State, 760 So. 2d 924 (Fla. 2000). At resentencing, the trial court, utilizing a 1994 guidelines scoresheet, reduced her prison sentence from 80 months to 57.5 months, but added 10 years probation to follow.
Sullivan argues that by adding a term of probation to follow her prison sentence, the trial court improperly increased her sentence. She also contends that the sentence imposed was vindictive.  We disagree. Once the trial court determined that resentencing was appropriate, the sentencing hearing was de novo. See St. Lawrence v. State, 785 So. 2d 728 (Fla. 5th DCA 2001); June v. State, 784 So. 2d 1257, 1259 (Fla. 5th DCA 2001).  Sullivan does not dispute her reduced prison sentence; she only contests being placed on probation after her release from prison.  Sullivan

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