Florida District Courts of Appeal, 2001

Martin v. State

Martin v. State
Florida District Courts of Appeal · Decided July 18, 2001 · Fletcher, Gersten, Schwartz
788 So. 2d 422; 2001 Fla. App. LEXIS 9788; 2001 WL 811036 (Southern Reporter, Second Series)

Martin v. State

Opinion of the Court

PER CURIAM.

Insofar as it denied Martin’s petition for writ of habeas corpus, the order below is vacated and the writ is hereby issued by this court because of his unrebutted showing that the seven-year sentence entered in return for a nolo plea was concurrent to a five-year sentence already imposed in a related case, rather than, as the clerk’s records reflect, consecutive to that term. Because Martin has already served more than seven years in state prison, he is entitled to immediate release. It is so ordered. This decision shall take effect upon filing.

Habeas Corpus granted.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.