Douglas v. State

District Court of Appeal of Florida

Douglas v. State

893 So. 2d 655, 2005 Fla. App. LEXIS 1602, 2005 WL 357033

CourtDistrict Court of Appeal of Florida

DecidedFebruary 16, 2005

DocketNo. 4D04-698

StatusPublished

This text of 893 So. 2d 655 (Douglas v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Douglas v. State, 893 So. 2d 655, 2005 Fla. App. LEXIS 1602, 2005 WL 357033 (Fla. Ct. App. 2005).

Pincite

Opinion

PER CURIAM.

More than two years after his plea agreement and sentencing, appellant challenged a provision of his sentence regarding electronic monitoring. If treated as a claim for post-conviction relief, the motion was untimely within the meaning of Florida Rule of Criminal Procedure 3.800(b). Furthermore, the electronic monitoring provision is not an “illegal sentence” within the meaning of Florida Rule of Criminal Procedure 3.800(a). By entering his plea and accepting the sentence, which avoided a potential thirty-five year prison sentence, appellant waived his right to make various constitutional challenges to section 948.03(5)(b)5, Florida Statutes (2001).

Affirmed.

KLEIN, GROSS and MAY, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

More than two years after his plea agreement and sentencing, appellant challenged a provision of his sentence regarding electronic monitoring. If treated as a claim for post-conviction relief, the motion was untimely within the meaning of Florida Rule of Criminal Procedure 3.800(b). Furthermore, the electronic monitoring provision is not an “illegal sentence” within the meaning of Florida Rule of Criminal Procedure 3.800(a). By entering his plea and accepting the sentence, which avoided a potential thirty-five year prison sentence, appellant waived his right to make various constitutional challenges to section 948.03(5)(b)5, Florida Statutes (2001).

Affirmed.

KLEIN, GROSS and MAY, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

893 So. 2d 655, 2005 Fla. App. LEXIS 1602, 2005 WL 357033, Counsel Stack Legal Research, https://law.counselstack.com/opinion/douglas-v-state-fladistctapp-2005.