No. 22-6377

Thaddeus Chaylon Martin v. Florida

Lower Court: Florida
Docketed: 2022-12-22
Status: Denied
Type: IFP
IFP
Tags: civil-rights corrections criminal-procedure double-jeopardy due-process judicial-discretion jurisdiction prison-credits retroactive-application sentencing sentencing-credits
Latest Conference: 2023-02-17
Question Presented (from Petition)

①Dd Court hae tunisdieton to Amend are-charge
then
re- sentence again years Later to an expired sentence?
martin recieved (45) duy time serve April 29, 2o3 thrs Court Couldnt
Aggrarated/ Battery May 2612016
re- sentence to (1o) years As to Count 2
W/o violatiny dve process and double Jerpurdy clause.

②Was Martin sentence to probatien April 29,2013 as to count 2
Agrarat/Battery ? marth entered into a detall plea agreement and
was adjudicated guilty as to Count 2 Aggrawated / Battery w/o probat

③martin Sentence was corrected again September 14, 2oz0 awarding
from 2012? Dept. of corrections
all credit time served
Applied 69r prior tail credit and 16y prier prison credt but remoned
I9 days already served and were originally sentenced with- missing
719 fhnt court authorized and new court order stated
martin
been awarded all prior Jall credit and all prior prison
Shouldre
additienally to the 719 days already sentenced with.
Credit
Sentenced with 719 may 26, 20l6 Credlt fo (0) years sentence.

④Is martin serving an illegul sentence? which can be
correeted ot any time. Yes Martin is serving an illegal
lourt did not
have Jurisdiction to
Sentence due to
and resentence to (o) years and court order
re-charge
credit time served but Dept. of Correction
Award all
removed 1days

Question Presented (AI Summary)

Whether the court had jurisdiction to re-sentence the petitioner to 18 years after initially sentencing him to 10 years

Docket Entries

2023-02-21
Petition DENIED.
2023-02-02
DISTRIBUTED for Conference of 2/17/2023.
2022-10-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 23, 2023)

Attorneys

Thaddeus Martin
Thaddeus Chaylon Martin — Petitioner