State v. Johnson
| Decision Date | 15 February 1995 |
| Docket Number | No. 94-00769,94-00769 |
| Citation | 651 So.2d 145 |
| Parties | 20 Fla. L. Weekly D449 STATE of Florida, Appellant, v. Carol L. JOHNSON, Appellee. |
| Court | Florida District Court of Appeals |
Robert A. Butterworth, Atty. Gen., Tallahassee, and Patricia E. Davenport, Asst. Atty. Gen., Tampa, for appellant.
James Marion Moorman, Public Defender, and Kenneth D. Whitfield, Asst. Public Defender, Bartow, for appellee.
The state appeals an order granting a motion for arrest of judgment filed by Carol L. Johnson (Johnson). Since the motion was untimely and could not be considered a proper motion pursuant to Florida Rule of Criminal Procedure 3.850, we reverse.
Johnson was charged by information with aggravated battery. A jury found her guilty of the lesser included offense of simple battery. Almost two months after the judgment was entered, Johnson filed a motion for arrest of judgment.
A motion for arrest of judgment must be filed within ten days after rendition of the verdict or the finding of the court. Fla.R.Crim.P. 3.590(a). The time limit contained in rule 3.590(a) is jurisdictional. State v. Robinson, 417 So.2d 760 (Fla. 1st DCA 1982), rev. denied, 471 So.2d 44 (Fla.1985).
Johnson argues that her motion was a mistitled motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850 and was therefore timely. We disagree.
The purpose of rule 3.850 is not to review ordinary trial errors reviewable by means of direct appeal. McCrae v. State, 437 So.2d 1388 (Fla.1983). The issue of whether the jury should have been given the simple battery instruction is one which could have been raised and addressed on direct appeal, assuming the issue was properly preserved. However, the issue was not appealed.
Since the trial court lacked jurisdiction to hear the motion and it was not a proper 3.850 motion, we reverse with instructions to the court to reinstate the judgment and sentence.
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Moseley v. Sec'y Dep't of Corr., Case No. 5:09-cv-378-Oc-29PRL
...post-conviction relief is not to review alleged ordinary trial errors that are reviewable by means of direct appeal. State v. Johnson, 651 So.2d 145 (Fla. 2d DCA 1995). After the Anders brief was filed by the Defendant's appellate counsel, the Defendant filed his own pro se brief on appeal.......
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DR v. State
...case, the trial court would have been correct because the 10 day time limit in rule 3.590 is jurisdictional. See State v. Johnson, 651 So.2d 145 (Fla. 2d DCA 1995). However, this was a juvenile delinquency proceeding. Juvenile proceedings are not governed by the Florida Rules of Criminal Pr......
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Mitchell v. State, 1D03-2478.
...Robinson, 417 So.2d 760 (Fla. 1st DCA 1982); Pittman v. State, 370 So.2d 1207 (Fla. 1st DCA 1979) (on mot. to dismiss); State v. Johnson, 651 So.2d 145 (Fla. 2d DCA 1995). We reject Mitchell's claim that he preserved this issue in his motion for judgment of acquittal. In such motion, he arg......
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Clifton v. State, 95-04392
...See State v. Snyder, 453 So.2d 546 (Fla. 3d DCA 1984); State v. Robinson, 417 So.2d 760 (Fla. 1st DCA 1982); see also State v. Johnson, 651 So.2d 145 (Fla. 2d DCA 1995)(because ten-day time limit in Rule 3.590(a) is jurisdictional, court could not entertain motion for arrest of judgment fil......