Cupon v. State, Department of Corrections

Jose Cupón petitions for a writ of habe-as corpus, complaining that this court reached conflicting results in his direct appeal and that of his co-defendant. We have jurisdiction, Raulerson v. State, 724 So.2d 641 (Fla. 4th DCA 1999), but find that Cupón is not entitled to relief under the unique circumstances presented here.

Cupón and co-defendant Villegas Alen were tried by a jury and convicted of escape and grand theft of an automobile. This court reversed Villegas Alen’s escape conviction, concluding that the defendant, who was a civil detainee of the Immigration and Naturalization Service…