Tucker v. State

District Court of Appeal of Florida

Tucker v. State

633 So. 2d 1147, 1994 Fla. App. LEXIS 2499, 1994 WL 84145

CourtDistrict Court of Appeal of Florida

DecidedMarch 18, 1994

DocketNo. 92-04585

StatusPublished

Cited by1 cases

This text of 633 So. 2d 1147 (Tucker v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Tucker v. State, 633 So. 2d 1147, 1994 Fla. App. LEXIS 2499, 1994 WL 84145 (Fla. Ct. App. 1994).

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Opinion

BLUE, Judge.

Queen Ledeal Tucker contends that the trial court lacked jurisdiction when it resen-teneed her after her successful appeal in Moore v. State, 608 So.2d 926 (Fla. 2d DCA 1992). We agree and reverse for resentenc-ing.

[1148]*1148The final opinion in Moore was filed on November 18, 1992, and the mandate issued on December 4. The trial court sentenced Tucker, however, on November 25, 1992. Until the mandate was issued, the court lacked jurisdiction. Colonel v. Reed, 379 So.2d 1297 (Fla. 4th DCA 1980).

Because the trial court lacked jurisdiction, a valid sentence was never imposed. Contrary to the state’s argument on appeal, Tucker must be present for resentencing.

Reversed and remanded.

SCHOONOVER, A.C.J., and ALTENBERND, J., concur.

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