Legal Opinion

Indalesio L. Basaldua v. State

District Court of Appeal of Florida

Decided September 16, 2016No. 5D16-722Published

1Per curiam

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…

2Cases cited4 opinions

  1. Maybin v. StateDistrict Court of Appeal of Florida · 2004
  2. Vasquez v. StateDistrict Court of Appeal of Florida · 2001
  3. Johnson v. StateDistrict Court of Appeal of Florida · 1999
  4. Stallings v. StateDistrict Court of Appeal of Florida · 2015

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