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Wilson v. State

District Court of Appeal of Florida, Fifth District
Apr 29, 1994
636 So. 2d 181 (Fla. Dist. Ct. App. 1994)

Summary

vacating a sentence and remanding for resentencing because the trial court had no jurisdiction to sentence the defendant before mandate issued

Summary of this case from Henderson v. State

Opinion

No. 93-1575.

April 29, 1994.

Appeal from the Circuit Court for Lake County, Jerry T. Lockett, J.

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

Alvin F. Wilson, pro se.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carmen F. Corrente, Asst. Atty. Gen., Daytona Beach, for appellee.


Alvin F. Wilson appeals the sentences imposed upon him after we reversed his original sentences in Wilson v. State, 618 So.2d 741 (Fla. 5th DCA 1993). However, the trial court mistakenly believed that the mandate of this court reversing the original sentence became final prior to the resentencing on May 17, 1993. Since the issuance of the mandate was delayed until June 23, 1993 because a motion for rehearing was filed, the trial court lacked jurisdiction to resentence on May 17, 1993 while the original appeal was pending with this court.

We therefore must vacate the sentences imposed on May 17, 1993 and remand for resentencing.

SENTENCES VACATED; REMANDED FOR RESENTENCING.

GRIFFIN and DIAMANTIS, JJ., concur.


Summaries of

Wilson v. State

District Court of Appeal of Florida, Fifth District
Apr 29, 1994
636 So. 2d 181 (Fla. Dist. Ct. App. 1994)

vacating a sentence and remanding for resentencing because the trial court had no jurisdiction to sentence the defendant before mandate issued

Summary of this case from Henderson v. State
Case details for

Wilson v. State

Case Details

Full title:ALVIN F. WILSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Apr 29, 1994

Citations

636 So. 2d 181 (Fla. Dist. Ct. App. 1994)

Citing Cases

Henderson v. State

There is no question that the trial court lacked jurisdiction to resentence Henderson on April 10 while the…