Noel v. State
Annotate this CaseAfter a jury trial, Defendant was convicted of one count of conspiracy to commit racketeering and one count of first-degree grand theft. After a sentencing hearing, the trial court ordered Defendant to serve ten years in prison followed by ten years of probation. The sentence, however, provided that if Defendant made a certain restitution payment within sixty days then his prison term would be reduced to eight years. The Fourth District Court of Appeal affirmed Defendant's convictions and sentences. The Supreme Court quashed the Fourth District’s decision, holding that Defendant's sentence violated his due process rights under the federal Constitution and that Defendant was entitled to resentencing.
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