Ruffin v. State, 90-2495

Citation589 So.2d 403
Decision Date14 November 1991
Docket NumberNo. 90-2495,90-2495
PartiesMack C. RUFFIN, Jr., Appellant, v. STATE of Florida, Appellee. 589 So.2d 403, 16 Fla. L. Week. D2863
CourtCourt of Appeal of Florida (US)

Page 403

589 So.2d 403
Mack C. RUFFIN, Jr., Appellant,
STATE of Florida, Appellee.
No. 90-2495.
589 So.2d 403, 16 Fla. L. Week. D2863
District Court of Appeal of Florida,
Fifth District.
Nov. 14, 1991.
Rehearing Denied Dec. 6, 1991.

James B. Gibson, Public Defender, and Noel A. Pelella, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Rebecca R. Wall, Asst. Atty. Gen., Daytona Beach, for appellee.

HARRIS, Judge.

In July 1978, Mack C. Ruffin, Jr. was convicted in Sumter County of first degree murder and sexual battery. The convictions arose from the sexual assault and murder of a 21 year old pregnant woman, Karol Hurst. 1 Ruffin was sentenced to death on the murder conviction and a thirty year concurrent term on the sexual battery. He appealed both sentences to the Florida Supreme Court and both sentences were affirmed. 2 He then applied to the United States Supreme Court for a writ of certiorari, which was denied. 3 Again in state court, he filed a 3.850 motion to set aside his convictions which was denied. The Florida Supreme Court affirmed. 4 He later applied to the Florida Supreme Court for a writ of habeas corpus, but was unsuccessful. 5

Ruffin then brought an action in the federal district court for habeas corpus relief, challenging both his murder and sexual assault convictions. The district court refused to issue the writ and he appealed

Page 404

to the United States Court of Appeals for the Eleventh Circuit. The Eleventh Circuit found no error in the convictions, but found error as to the death sentence and remanded the case to the district court with instructions to grant the writ unless the state either resentenced appellant on the murder conviction, or vacated the death sentence and imposed a lesser sentence. 6 On February 20, 1989, the United States District Court for the Middle District of Florida ordered the trial court to resentence appellant within 90 days as to the murder sentence.

A retrial of the murder conviction penalty phase was then conducted, in which the jury recommended life imprisonment. On October 19, 1990, the court sentenced appellant to life (25 years minimum mandatory) to run consecutive to any other sentences. The trial court vacated the original 30 year concurrent sentence for sexual battery (not required by the Eleventh Circuit decision) and resentenced appellant to a life term to be served consecutive to the earlier life sentence and any...

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9 cases
  • King v. State, 93-1261
    • United States
    • Court of Appeal of Florida (US)
    • 15 Diciembre 1994
    ...was violated by trial court's resentencing of defendant on remand as to count that was unaffected by prior appeal). Ruffin v. State, 589 So.2d 403, 404 (Fla. 5th DCA 1991); see Wright v. State, 599 So.2d 179 (Fla. 2d DCA 1992) (holding habitual offender sentence could not be imposed once se......
  • Hall v. State
    • United States
    • United States State Supreme Court of Florida
    • 14 Enero 1993
    ...102 L.Ed.2d 995 (1989). At resentencing Ruffin's jury recommended life imprisonment, which the trial court imposed. Ruffin v. State, 589 So.2d 403 (Fla. 5th DCA1991).2 Hall does not challenge the applicability of the five other aggravators, and our review of the record shows them to have be......
  • Metellus v. State, No. 5D01-1044
    • United States
    • Court of Appeal of Florida (US)
    • 31 Mayo 2002
    ...defendant to a longer term of imprisonment after sentence is imposed. Brown; Troupe v. Rowe, 283 So.2d 857 (Fla.1973); Ruffin v. State, 589 So.2d 403 (Fla. 5th DCA 1991). In McCoy v. State, 599 So.2d 645 (Fla.1992), the court established a procedure, which has been codified in rule 3.170(g)......
  • Regueiro v. State
    • United States
    • Court of Appeal of Florida (US)
    • 9 Junio 1993
    ...lawfully imposed sentence, he cannot be resentenced for an increased term of incarceration on the same facts. E.g., Ruffin v. State, 589 So.2d 403, 404 (Fla. 5th DCA 1991); Donald v. State, 562 So.2d 792 (Fla. 1st DCA 1990), rev. denied, 576 So.2d 291 (Fla.1991); Royal v. State, 389 So.2d 6......
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