Court: District Court of Appeal of Florida; March 3, 1988; Florida; State Appellate Court
Walter Jackson entered a nolo contendere plea to charges of vehicular homicide and driving with a suspended license as part of a plea agreement with the state. The agreement included the state dropping a DUI manslaughter charge, Jackson receiving a guideline sentence without being classified as a habitual offender, and the sentences running concurrently, with the state remaining silent at sentencing. However, during the September 29, 1986 sentencing hearing, the state violated this agreement by speaking. Jackson subsequently moved to withdraw his plea, but the trial court denied this motion and sentenced him to concurrent five-year and one-year terms.
Jackson appealed the denial, and on November 11, 1987, the appellate court reversed the trial court's decision, remanding the case to restore the parties to their pre-plea agreement positions. After receiving the mandate on December 1, 1987, Jackson had already been discharged from prison on November 3, 1987, having completed his sentence. He then requested the trial court to revoke his motion to withdraw the plea, which the court refused, instead arresting him on the original charges and setting a trial date.
On February 24, 1988, Jackson filed a motion to withdraw the mandate with the appellate court, indicating he no longer wished to pursue the motion to withdraw his plea and wanted the proceedings to conclude. The court recognized that allowing Jackson to abandon his motion would serve the state's interests and reduce judicial burdens. However, it found that Jackson's motion to withdraw the mandate was not a proper means to seek relief, as such a motion can only be granted within the term it was issued, which had expired. The court advised that Jackson could seek relief through a petition under rule 9.100 of the Florida Rules of Appellate Procedure, such as a writ of mandamus or certiorari to review the trial court's order. Consequently, the motion to withdraw the mandate was denied without prejudice, allowing Jackson the opportunity to pursue appropriate further relief.
