INDALESIO LODISLAO BASALDUA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2016-09-16
No. 5D16-722
SAWAYA, BERGER and LAMBERT, JJ., concur.
199 So. 3d 1129 Florida District Court of Appeal, Fifth District (2016) Positive Treatment
Cited by 2 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The trial court violated the prohibition against double jeopardy by resentencing the defendant to prison after he had already served his county jail sentence.


Facts & Procedural History

Indalesio Basaldua was sentenced for driving while license suspended. He had already served the entirety of his county jail sentence on that charge.…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

Indalesio Basaldua appeals his sentence for driving while license suspended. He argues, and the State properly concedes, that the trial court violated the prohibition against double jeopardy by resentencing him to prison after he had already served the entirety of his county jail sentence on the charge.1 Accordingly, we vacate Ba-saldua’s sentence on the charge of driving while license suspended and remand for the trial court to reinstate his sentence of time served.2 See Stallings v. State, 182 So.3d 786, 787 (Fla. 5th DCA 2015) (“Once a sentence has already been served, even if it is an illegal sentence or an invalid sentence, the trial court loses jurisdiction and violates the Double Jeopardy Clause by reasserting jurisdiction and resentencing the defendant to an increased sentence.” (quoting Maybin v. State, 884 So.2d 1174, 1175 (Fla. 2d DCA 2004))).

Sentence VACATED; REMANDED for resentencing.

SAWAYA, BERGER and LAMBERT, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw