Decker v. State

UPON PETITION FOR REHEARING AND CLARIFICATION

Joe Roy Decker appeals from a summary denial of his motion for post-conviction relief brought under the terms of Florida Rule of Criminal Procedure 3.850. This court earlier affirmed such denial without accompanying opinion.

Decker initially pled nolo contendere to a charge of battery on a law enforcement officer. The trial court accepted the plea, withheld adjudication, and placed Decker on eighteen (18) months probation. Inasmuch as Decker was not in custody, we hold, by way of clarification, that Decker lacked standing to seek Rule 3.850 relief.…