Nelson v. State, No. 97-04456
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | PER CURIAM. |
| Citation | 724 So.2d 1202 |
| Parties | Ernie Howard NELSON, Appellant, v. STATE of Florida, Appellee. |
| Docket Number | No. 97-05293., No. 97-04456 |
| Decision Date | 20 November 1998 |
724 So.2d 1202
Ernie Howard NELSON, Appellant,v.
STATE of Florida, Appellee
Nos. 97-04456, 97-05293.
District Court of Appeal of Florida, Second District.
November 20, 1998.
Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.
PER CURIAM.
Ernie H. Nelson challenges his convictions and sentences growing out of his arrest for possessing an open container of a malt liquor beverage during which he spat on one of officers involved. We affirm his convictions without discussion, but reverse his sentence of four years in state prison for battery upon a law enforcement officer.1 Following is the chronology of events which resulted in deprivations of Nelson's constitutional rights and the usurpation of the jurisdiction of this court:
1) September 9, 1997: Nelson is given a guidelines sentence on the felony of twenty-four months in state prison.
2) September 24, 1997: Upon Nelson's challenge to his guidelines scoresheet, the sentence is reduced to twenty-three months.
3) October 7, 1997: Nelson's sentence is further reduced to fifteen months upon his motion to correct sentence.
4) October 10, 1997: Nelson files his notice of appeal of the judgment and sentence.
5) October 29, 1997: Upon the State's discovery of overlooked prior convictions, Nelson's guidelines scoresheet is rescored and, without notice to Nelson, his sentence is increased to forty-eight months in state prison.2
Nelson's insistence upon representing himself on plenary appeal has resulted in a nearly
incomprehensible brief, and the State quite understandably did not respond to the well-camouflaged challenge to his sentence. We requested supplemental briefing from the State on the issues discussed hereafter; the State promptly conceded that these constitutional and jurisdictional shortcomings in the sentencing process mandate reversalThe transcript of the final sentencing hearing suggests that the trial court, while unsure of its jurisdiction to alter the terms of the sentence while the direct appeal was pending in this court, relied upon the State's conclusion that the trial court retained jurisdiction for sixty days after sentencing to modify the sentence pursuant to Florida Rule of Criminal Procedure 3.800(c), irrespective of Nelson's invocation of this court's jurisdiction with his notice of appeal of October 10, 1997. The clear language of the rule...
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Trotter v. State, SC02-14.
...he was originally sentenced, and double jeopardy would therefore prohibit imposition of a greater sentence. See, e.g., Nelson v. State, 724 So.2d 1202 (Fla. 2d DCA Id. at 96-97. We conclude that, in Estrada, the Second District erred in concluding that double jeopardy principles would preve......
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Harris v. State, 1D00-898.
...to impose sentence without providing the defendant an opportunity to be present violates constitutional principles. See Nelson v. State, 724 So.2d 1202, 1204 (Fla. 2d DCA 1998) ("Sentencing is a critical stage of a criminal prosecution for which the defendant has a constitutionally protecte......
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Pate v. State, 2D05-1086.
...Maybin v. State, 884 So.2d 1174, 1175 (Fla. 2d DCA 2004); Rivera v. State, 862 So.2d 55, 56 (Fla. 2d DCA 2003); Nelson v. State, 724 So.2d 1202, 1204 (Fla. 2d DCA 1998). Under the circuit court's order of November 12, 2004, Pate had completed his sentences. The subsequent reinstatement of t......
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State v. Williams, No. 1D00-606
...Procedure 3.800(c). The trial court loses jurisdiction to rule on such a motion while a direct appeal is pending. E.g., Nelson v. State, 724 So.2d 1202 (Fla. 2d DCA 1998); Smith v. State, 407 So.2d 399 (Fla. 1st DCA 1981). We treat the state's appeal as a petition for a writ of certiorari. ......
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Trotter v. State, SC02-14.
...he was originally sentenced, and double jeopardy would therefore prohibit imposition of a greater sentence. See, e.g., Nelson v. State, 724 So.2d 1202 (Fla. 2d DCA Id. at 96-97. We conclude that, in Estrada, the Second District erred in concluding that double jeopardy principles would preve......
-
Harris v. State, 1D00-898.
...to impose sentence without providing the defendant an opportunity to be present violates constitutional principles. See Nelson v. State, 724 So.2d 1202, 1204 (Fla. 2d DCA 1998) ("Sentencing is a critical stage of a criminal prosecution for which the defendant has a constitutionally protecte......
-
Pate v. State, 2D05-1086.
...Maybin v. State, 884 So.2d 1174, 1175 (Fla. 2d DCA 2004); Rivera v. State, 862 So.2d 55, 56 (Fla. 2d DCA 2003); Nelson v. State, 724 So.2d 1202, 1204 (Fla. 2d DCA 1998). Under the circuit court's order of November 12, 2004, Pate had completed his sentences. The subsequent reinstatement of t......
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State v. Williams, No. 1D00-606
...Procedure 3.800(c). The trial court loses jurisdiction to rule on such a motion while a direct appeal is pending. E.g., Nelson v. State, 724 So.2d 1202 (Fla. 2d DCA 1998); Smith v. State, 407 So.2d 399 (Fla. 1st DCA 1981). We treat the state's appeal as a petition for a writ of certiorari. ......