QUEEN LEDEAL TUCKER, A/K/A QUEEN LEDEAL MOORE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1994-03-18
No. 92-04585
SCHOONOVER, A.C.J., and ALTENBERND, J., concur.
633 So. 2d 1147 Florida District Court of Appeal, Second District (1994) Positive Treatment
Cited by 2 cases
Opinion of the Court
BLUE, Judge.

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 resentencing. The 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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  • Thompson v. State, 208 So. 3d 1183 (Fla. 3d DCA 2017)
    …t subsequently vacated the sentence initially imposed at the August, 26, 2015, hearing, we note that the trial court lacked jurisdiction to sentence Thompson on August 26 as this Court had not yet issued its mandate in Thompson. See Tucker v. Slate, 633 So. 2d 1147 (Fla. 2d DCA 1994) (finding that trial court lacked jurisdiction to resentence defendant after successful appeal where trial court resentenced defendant prior to mandate being issued); see also Colonel v. Reed, 379 So. 2d 1297 (Fla. 4th DCA 1980).…

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