INDALESIO LODISLAO BASALDUA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The trial court violated the prohibition against double jeopardy by resentencing the defendant to prison after he had already served his county jail sentence.
Indalesio Basaldua was sentenced for driving while license suspended. He had already served the entirety of his county jail sentence on that charge.…
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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.
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Citator
Cited By
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Smith v. Vilma Rodriguez, 269 So. 3d 645 (Fla. 5th DCA 2019)
Authorities Cited
- Elliott Vasquez v. State, 778 So. 2d 1068 (Fla. 5th DCA 2001)
- Maybin v. State, 884 So. 2d 1174 (Fla. 2d DCA 2004)
- Johnson v. State, 747 So. 2d 1027 (Fla. 2d DCA 1999)
- Broadus Stallings v. State, 182 So. 3d 786 (Fla. 5th DCA 2015)