Napolitano v. State

ON MOTION FOR REHEARING DENIED

FLETCHER, Judge.

Rocco Napolitano seeks rehearing of this court’s denial of his petition for man*1291damus to compel the trial court to direct Napolitano be transferred to serve the remainder of his state sentence in federal custody. We deny rehearing.

Napolitano was not under federal charges and not subject to a federal sentence at the time of his state plea and sentencing. Napolitano was therefore not within the jurisdiction of the federal court system or the Federal Bureau of Prisons. Furthermore, even if Napolitano was subject to a federal sentence, the state court…