TONY L. VAUGHN
v.
STATE OF FLORIDA
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Any error in resentencing is harmless when the defendant is serving a concurrent life sentence and will suffer no practical consequences from the resentencing.
[1] Prior sentencing as a youthful offender does not preclude consideration of the defendant's crimes as predicate offenses for purposes of habitual violent felony offender a…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Although the resentencing here was not a ministerial act, the error is still harmless because Jordan is serving a concurrent, true life sentence on the burglary count and will suffer no practical consequences as a result of being resentenced in his absence on the robbery count.”
The court cited Jordan v. State to establish that harmless error applies when a defendant serves a concurrent life sentence regardless of resentencing errors.
Tony L. Vaughn appealed from a resentencing decision in Miami-Dade County Circuit Court involving multiple convictions and predicate offenses.…
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Third District Court of Appeal State of Florida
Opinion filed October 15, 2026. Not final until disposition of timely filed motion for rehearing.
No. 3D25-2393 Lower Tribunal Nos. F99-35276B, F02-14096
Tony L. Vaughn, Appellant,
VS.
State of Florida, Appellee.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Ramiro C. Areces, Judge.
Tony L. Vaughn, in proper person.
James Uthmeier, Attorney General, and Haccord J. Curry, Assistant Attorney General, for appellee.
Before SCALES, C.J., and LINDSEY, and GOODEN, JJ.
PER CURIAM.
Affirmed. See Jordan v. State, 143 So. 3d 335, 340 (Fla. 2014) ("Although the resentencing here was not a ministerial act, the error is still harmless because Jordan is serving a concurrent, true life sentence on the burglary count and will suffer no practical consequences as a result of being resentenced in his absence on the robbery count. Under these circumstances, Jordan is not entitled to relief."); Weford v. State, 784 So. 2d 1222, 1224 (Fla. 3d DCA 2001) (“Prior sentencing as a youthful offender does not preclude consideration of defendant's crimes as predicate offenses."); see also id. (“Additionally, while the sentences for the prior predicate offenses introduced into evidence by the state were all imposed on November 11, 1991, the sequential conviction requirement of section 775.084(5) is inapplicable to our analysis. Only one predicate offense was necessary for the trial court to adjudicate defendant as a habitual violent felony offender. See § 775.084(1)(b).”).
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Jordan v. State, 143 So. 3d 335 (Fla. 2014)
- Weford v. State, 784 So. 2d 1222 (Fla. 3d DCA 2001)