State v. Jackson, 3D02-1900.
| Decision Date | 23 April 2003 |
| Docket Number | No. 3D02-1900.,3D02-1900. |
| Citation | 842 So.2d 1040 |
| Parties | The STATE of Florida, Appellant, v. Nashawn P. JACKSON, Appellee. |
| Court | Florida District Court of Appeals |
Charles J. Crist, Jr., Attorney General, and Michael J. Neimand, Assistant Attorney General, for appellant.
Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Assistant Public Defender, for appellee.
Before JORGENSON, LEVY, and GERSTEN, JJ.
The State of Florida appeals the trial court's Order Granting Defendant's Motion for Judicial Enforcement of Plea Agreement or Vacation of Plea. We affirm.
On July 26, 1993, the Defendant, Nashawn Jackson, entered a plea of guilty to two counts of sexual battery upon a person less than 12 years of age. Under the terms of the plea agreement, the Defendant pled guilty in exchange for a seven-year term of imprisonment, followed by ten years of probation. The agreement also required the Defendant to complete a Mentally Disordered Sex Offender (MDSO) program. The Defendant was released from state prison on November 26, 1996, after receiving approximately 44 months of gain time and serving 40 months of his sentence. On August 7, 2001, an Affidavit of Violation of Probation was filed, alleging that the Defendant had violated the terms of his probation by committing a battery on or about July 27, 2001. On November 28, 2001, the Defendant admitted to the violation of probation in exchange for a revocation of probation and a sentence of 20 months imprisonment with 131 days of credit for time served.
On June 7, 2002, the Defendant filed a Motion for Judicial Enforcement of Negotiated Plea Agreement, or Alternatively, for Vacation of Said Plea Agreement, which stated that the Department of Corrections reinstated the 44 months originally credited as gain time because he returned to state prison following the judgment and sentence for the probation violation. The Defendant asked the trial court to resentence him so as to give full effect to the terms of the plea agreement or, alternatively, to allow him to withdraw his guilty plea. The trial court granted the motion and stated that it would schedule a resentencing hearing. This appeal follows.
The trial court properly granted the Defendant's Motion for Judicial Enforcement of Plea Agreement or Vacation of Plea and vacated the revocation of probation because the forfeiture of the Defendant's gain time by the Department of Corrections thwarted the intent of the negotiated plea agreement....
To continue reading
Request your trial
-
Crump v. State
...Chase v. State, 57 So.3d 898 (Fla. 1st DCA 2011) (same); Etienne v. State, 994 So.2d 450 (Fla. 3d DCA 2008) (same); State v. Jackson, 842 So.2d 1040 (Fla. 3d DCA 2003) (same); Williams v. Dep't of Corrections, 734 So.2d 1132 (Fla. 3d DCA 1999) (same). As these cases illustrate, when a defen......
-
Larson v. State
...in the Crump decision for its holding does not address control or conditional release. 137 So.3d at 1150–51 (citing State v. Jackson, 842 So.2d 1040 (Fla. 3d DCA 2003) ).4 In the context of a rule 3.850 motion raising this issue, at least one court has held that "[b]ecause the trial court c......
-
Etienne v. State
...basis. See Devoid v. State, 987 So.2d 219 (Fla. 5th DCA 2008); Dellofano v. State, 946 So.2d 127 (Fla. 5th DCA 2007); State v. Jackson, 842 So.2d 1040 (Fla. 3d DCA 2003); Dellahoy v. State, 816 So.2d 1253 (Fla. 5th DCA 2002); Wallace v. State, 793 So.2d 78 (Fla. 2d DCA We, therefore, revers......
-
Hunt v. State, 4D05-2591.
...claim of entitlement to enforcement of his plea agreement. See Garvin v. State, 884 So.2d 470 (Fla. 4th DCA 2004); State v. Jackson, 842 So.2d 1040 (Fla. 3d DCA 2003); Williamson v. State, 841 So.2d 694 (Fla. 2d DCA 2003); Dellahoy v. State, 816 So.2d 1253 (Fla. 5th DCA We therefore reverse......