Angell v. State, No. 97-03981
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | PER CURIAM; PARKER |
| Citation | 712 So.2d 1132 |
| Parties | 23 Fla. L. Weekly D1317 Thomas James ANGELL, Appellant, v. STATE of Florida, Appellee. |
| Docket Number | No. 97-03981 |
| Decision Date | 29 May 1998 |
Page 1132
v.
STATE of Florida, Appellee.
Second District.
Rehearing Denied June 18, 1998.
PER CURIAM.
Thomas James Angell challenges the trial court's denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850 which assails counsel for not objecting to the trial court's determination that designated him a sexual predator under section 775.21-.23, Florida Statutes (1993). We affirm. This court has recently held that designation as a sexual predator is neither a sentence nor a punishment, and that the Florida Rules of Criminal Procedure do not, in general, apply to this statutory provision. See Collie v. State, 710 So.2d 1000 (Fla. 2d DCA 1998).
In its response ordered by this court, the State concedes that, in fact, Angell does not qualify for sexual predator treatment due to the dates of his prior convictions. While Florida Rules of Criminal Procedure 3.800 and 3.850 are unavailable to Angell to attempt to rectify this error, this affirmance is entered without prejudice for him to pursue any available civil remedies. See, e.g., § 86.011, Fla. Stat. (1997). The balance of
Page 1133
Angell's claims are rejected without discussion.Affirmed.
PARKER, C.J., and FRANK and PATTERSON, JJ., concur.
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STRIANESE v. Sec'y, Case No. 2:08-cv-159-FtM-36DNF
...719 So. 2d 284 (Fla. 1998); Milks v. State, 848 So. 2d 1167 (Fla. 2d DCA) review granted, 859 So. 2d 514 (Fla. 2003); Angell v. State, 712 So. 2d 1132 (Fla. 2d DCA 1998).Exh. 50; Strianese v. State, 892 So. 2d 487 (Fla. 2d DCA 2004). Mandate issued on January 18, 2005. Strianese was refused......
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State v. Robinson, No. SC01-2620.
...Rule of Criminal Procedure 3.800. This was clearly improper as a sexual predator designation is not a sentence. See Angell v. State, 712 So.2d 1132 (Fla. 2d DCA 1998) (holding that designation is neither a sentence nor a 12. Although the majority finds the Act generally implicates due proce......
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Saintelien v. State, No. SC06-1888.
...prohibited sexual predator designation challenges in criminal postconviction proceedings, see 911 So.2d at 231 (citing Angell v. State, 712 So.2d 1132, 1132 (Fla. 2d DCA 1998)), but this approach proved to be judicially inefficient. See id. at 231-33 (citing Coblentz v. State, 775 So.2d 359......
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Cabrera v. State, No. 5D03-2367.
...certify conflict with Coblentz v. State, 775 So.2d 359 (Fla. 2d DCA 2000), review denied, 789 So.2d 344 (Fla.2001), and Angell v. State, 712 So.2d 1132 (Fla. 2d DCA AFFIRMED in part, REVERSED in part, and REMANDED. PLEUS and PALMER, JJ., concur. SAWAYA, C.J., concurs specially with opinion.......
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STRIANESE v. Sec'y, Case No. 2:08-cv-159-FtM-36DNF
...719 So. 2d 284 (Fla. 1998); Milks v. State, 848 So. 2d 1167 (Fla. 2d DCA) review granted, 859 So. 2d 514 (Fla. 2003); Angell v. State, 712 So. 2d 1132 (Fla. 2d DCA 1998).Exh. 50; Strianese v. State, 892 So. 2d 487 (Fla. 2d DCA 2004). Mandate issued on January 18, 2005. Strianese was refused......
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State v. Robinson, No. SC01-2620.
...Rule of Criminal Procedure 3.800. This was clearly improper as a sexual predator designation is not a sentence. See Angell v. State, 712 So.2d 1132 (Fla. 2d DCA 1998) (holding that designation is neither a sentence nor a 12. Although the majority finds the Act generally implicates due proce......
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Saintelien v. State, No. SC06-1888.
...prohibited sexual predator designation challenges in criminal postconviction proceedings, see 911 So.2d at 231 (citing Angell v. State, 712 So.2d 1132, 1132 (Fla. 2d DCA 1998)), but this approach proved to be judicially inefficient. See id. at 231-33 (citing Coblentz v. State, 775 So.2d 359......
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Cabrera v. State, No. 5D03-2367.
...certify conflict with Coblentz v. State, 775 So.2d 359 (Fla. 2d DCA 2000), review denied, 789 So.2d 344 (Fla.2001), and Angell v. State, 712 So.2d 1132 (Fla. 2d DCA AFFIRMED in part, REVERSED in part, and REMANDED. PLEUS and PALMER, JJ., concur. SAWAYA, C.J., concurs specially with opinion.......