CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 16342, 2010 WL 4260952
...arranges any compensation awarded under the Act. §
961.06(3), (4). Before a person can apply to the Department for compensation, the person must first obtain a determination that he or she is a "wrongfully incarcerated person" under the statute. §§
961.02(4), .03....
...[3] Thus, the dispositive issue in this case is whether the reversal of Mr. Fessenden's judgments and convictions on appeal because the conduct proven at trial did not constitute the charged offense qualifies him as a "wrongfully incarcerated person." IV. The Definition of "Wrongfully Incarcerated Person" in Section
961.02(4) must Be Read in Conjunction with the Provisions in Section
961.03(1)(a). On initial examination, it does appear that Mr. Fessenden is arguably a "wrongfully incarcerated person" as that term is defined in section
961.02(4)....
...961.03, the original sentencing court has issued its order finding that the person neither committed the act nor the offense that served as *5 the basis for the conviction and incarceration and that the person did not aid, abet, or act as an accomplice or accessory to a person who committed the act or offense. § 961.02(4)....
...Fessenden, it would seem, does not fall cleanly into either the group of people who are "not guilty" or those who are "actually innocent." In this case, there is no question that Mr. Fessenden "committed the act" that "served as the basis for the conviction and incarceration." See § 961.02(4)....
