Saccucci v. State

Mr. Saccucci appeals the summary denial of his motion for postconviction relief and petition for writ of error coram nobis. We affirm without prejudice to any other remedies which Mr. Saccucci may pursue.

Mr. Saccucci seeks to vacate a February 1971 conviction for “crimes against nature.” The statute under which he was charged, section 800.01, Florida Statutes (1971), was declared unconstitutional a few months after the judgment and sentence in his case. Franklin v. State, 257 So.2d 21 (Fla.1971). Mr. Saccucci pled guilty and did not appeal his conviction.

In 1986 Mr. Saccucci returned to…