Tucker v. State
2012 Fla. App. LEXIS 55
| Fla. Dist. Ct. App. | 2012Background
- Tucker petitioned for a writ of habeas corpus asserting illegal incarceration in lower court case F10-31496.
- Arrested November 2, 2010 for cocaine purchase and possession; bond set at $5,000 and posted the next day.
- Information filed November 24, 2010 charging possession of cocaine.
- Between the plea and May 19, 2011 Tucker was detained on a parole detainer but not in the instant case.
- May 19, 2011 Tucker pled nolo contendere with the court withholding adjudication and placing him on one day of probation with a special condition of jail time equal to time already served.
- Court imposed a sentence that was completed the day of the plea; probation terminated and the bond discharged.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court could vacate a completed sentence. | Tucker (Tucker) argues the court lacked authority to vacate after sentence was served. | State contends the sentence was illegal and could be vacated; the court had authority to vacate. | Reinstatement of the May 19, 2011 judgment; vacatur was improper. |
| Proper remedy for a below-guidelines sentence without written reasons. | State indicated appeal but did not; remedy is to reinstate sentence. | Appeal is proper correction method; sua sponte vacatur improper. | State-initiated appeal, not vacatur, is proper; vacatur reversed. |
| Whether Tucker is in custody on this case or under parole detainer. | Petitioner contends ongoing custody. | State asserts petitioner is detained on parole detainer, not this case. | Petitioner not in custody on F10-31496; custody on detainer acknowledged. |
Key Cases Cited
- Maybin v. State, 884 So.2d 1174 (Fla. 2d DCA 2004) (sentence completed; trial court loses jurisdiction to resentence; double jeopardy)
- Johnson v. State, 881 So.2d 706 (Fla. 3d DCA 2004) (jurisdictional limits after service of sentence)
- Gartrell v. State, 626 So.2d 1364 (Fla.1993) (proper challenge to below-guidelines sentence without written reasons)
- Pope v. State, 561 So.2d 554 (Fla.1990) (departure sentences require written reasons)
- State v. Green, 581 So.2d 1008 (Fla.4th DCA 1991) (withholding adjudication and incarceration rules)
- McClellan v. State, 819 So.2d 946 (Fla.2d DCA 2002) (limitations on withholding adjudication with incarceration)