Sadler v. State
| Decision Date | 25 April 2008 |
| Docket Number | No. 5D08-331.,5D08-331. |
| Citation | 980 So.2d 567 |
| Court | Florida District Court of Appeals |
| Parties | David K. SADLER, Appellant, v. STATE of Florida, Appellee. |
Appellant seeks relief from the trial court's summary denial of his rule 3.850 motion. Appellant contends that the effect of his sentence is contrary to a plea agreement, in which the parties agreed that his sentence would be served concurrently with a sentence imposed by the United States District Court. We agree and reverse.
Appellant was charged with grand theft, fleeing or attempting to elude and driving on a suspended license. At the time he was charged, he was on supervised release from a sentence imposed in federal court. As a result of these new state charges, he was charged with a violation of his supervised release and was facing, but had not yet been sentenced to, additional time in the federal prison system.
In pretrial hearings, defense counsel moved to have Appellant released from the jurisdiction of St. Johns County so that he could be tried in the United States District Court in Lynchburg, Virginia, for the violation of supervised release before being tried on the St. Johns County charges. The trial court refused, apparently fearing that Appellant would not be returned to be tried. Appellant contends that his plea and sentencing hearing were continued to give the parties time to figure out how to structure the state sentence to insure that it would run concurrent with whatever federal sentence Appellant ultimately received. At Appellant's subsequent plea and sentencing hearing, the issue of concurrency was discussed at some length. During the discussion, the State Attorney agreed Based thereon, Appellant entered his plea and was sentenced to four years in prison. The court stated: "And it is the intention of the State, I believe, in their offer that should you be sentenced in federal court, that this sentence run concurrent with that sentence."
On August 24, 2006, St. Johns County transferred Appellant to the Florida Department of Corrections to begin serving his sentence. On May 21, 2007, Appellant was transported to Virginia where, on June 19, 2007, he was sentenced to thirty-six months in the Federal Bureau of Prisons. According to Appellant, the federal judge intentionally sentenced him to the same amount of time remaining on his state sentence and did not designate the federal sentence concurrent because the time remaining on Appellant's state sentence was the same as the federal sentence — thirty-six months — and the federal judge "assumed that the federal sentence would commence on the day of sentencing." Unfortunately for Appellant, the writ of custody by which he was transferred to Virginia only sought temporary custody and the United States marshal...
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Buss v. Reichman
...that his sentence was not executed as intended by the trial court is properly raised in a rule 3.850 motion. See, e.g., Sadler v. State, 980 So.2d 567 (Fla. 5th DCA 2008); Cruz v. State, 976 So.2d 695 (Fla. 4th DCA 2008). The sentencing court has already determined that Reichman's state sen......
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Johnson v. State
... ... See, e.g. , Hutchinson v. State , 845 So. 2d 1019, 1020 (Fla. 3d DCA 2003) (defendant challenging effect of prison transfer on concurrent state/federal 281 So.3d 543 sentence "is entitled to specific performance of the Florida plea agreement."); see also Sadler v. State , 980 So. 2d 567, 569 (Fla. 5th DCA 2008) (existence of a "federal sentence does not prevent the court from enforcing the State's agreement" and the intent of trial judge that defendant's "state sentence run concurrent with his federal sentence so that he did not receive double time. "); ... ...
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State v. Kelly
...the decisions in Glenn v. State, 776 So.2d 330 (Fla. 4th DCA 2001), Davis v. State, 852 So.2d 355 (Fla. 5th DCA 2003), Sadler v. State, 980 So.2d 567 (Fla. 5th DCA 2008), and Rodgers v. State, 76 So.3d 349 (Fla. 3d DCA 2011), relied on by Kelly in his brief, have no bearing on this determin......
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State v. Kelly
...the decisions in Glenn v. State, 776 So.2d 330 (Fla. 4th DCA 2001), Davis v. State, 852 So.2d 355 (Fla. 5th DCA 2003), Sadler v. State, 980 So.2d 567 (Fla. 5th DCA 2008), and Rodgers v. State, 76 So.3d 349 (Fla. 3d DCA 2011), relied on by Kelly in his brief, have no bearing on this determin......