GLORIA ANN MOSES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A defendant convicted of manslaughter and abuse of an elderly person cannot collaterally attack the trial court's reasons for sentencing departure under Rule 3.800(a) when the sentence was already affirmed on direct appeal.
A defendant whose sentence has been affirmed on direct appeal may not collaterally attack the trial court's reasons for departure via a Rule 3.800(a) motion.
[1] A defendant whose sentence has been affirmed on direct appeal is barred from collaterally attacking the trial court's reasons for sentencing departure under Florida Rule…
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Join FLexlaw to unlock all legal intelligenceGloria Ann Moses was convicted of manslaughter and abuse, neglect, or exploitation of aged or disabled persons. Her conviction and sentence were affir…
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DAUKSCH, Judge.
This is an appeal from the trial court’s denial of appellant’s motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). Appellant was previously convicted of manslaughter and abuse, neglect, or exploitation of aged or disabled persons. See §§ 782.07, 827.-09(1), Fla.Stat. (1985). After her motion for new trial was denied, appellant appealed the judgment and sentence. This court affirmed both in Moses v. State, 487 So. 2d 1077 (Fla. 5th DCA 1986). Approximately two years later, appellant filed a motion to correct sentence in the lower court pursuant to Florida Rule of Criminal Procedure 3.800(a) in which she attacked the trial court’s reasons for departure. The court denied her motion and she appealed. Because this court affirmed appellant’s sentence on direct appeal, she may not collaterally attack the trial court’s reasons for departure. See Bailey v. State, 504 So. 2d 429 (Fla. 2d DCA 1987); Lowe v. State, 501 So. 2d 712 (Fla. 2d DCA 1987); Rowe v. State, 496 So. 2d 857 (Fla. 2d DCA 1986); Wahl v. State, 460 So. 2d 579 (Fla. 2d DCA 1984). But see Early v. State, 516 So. 2d 24 (Fla. 3d DCA 1987); Watkins v. State, 498 So. 2d 576 (Fla. 3d DCA 1986), appeal after remand, 531 So. 2d 239 (Fla. 3d DCA 1988).
AFFIRMED.
COWART and DANIEL, JJ., concur.
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Rose Printing Co., Inc. v. Wilson, 602 So. 2d 600 (Fla. 1st DCA 1992)…of Ft. Walton Beach, 568 So. 2d 914, 919 (Fla.1990). See also, Englander v. St. Francis Hosp., Inc., 506 So. 2d 423, 424 (Fla. 3d DCA 1987) (en banc); Mega Bank v. Telecredit Serv. Center, 592 So. 2d 755 (Fla. 3d DCA 1992); and Goldstein v. Richter, 538 So. 2d 473, 475 (Fla. 4th DCA 1989). But see, Dam v. Heart of Florida Hosp., Inc., 536 So. 2d 1177, 1178 (Fla. 2d DCA 1989); and Vidibor v. Adams, 509 So. 2d 973, 974 (Fla. 5th [*604] DCA 1987) (rejecting Simmons). Because the fee award in this case flows from…
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Dowling v. State, 545 So. 2d 521 (Fla. 5th DCA 1989)…t should not be able to collaterally attack the sentence later under the premise of Rule 3.800, when the grounds for the claim of an illegal sentence existed at the time of the direct appeal and could have been raised. See generally, Moses v. State, 538 So. 2d 473 (Fla. 5th DCA 1989). Furthermore, the possibility that Rule 3.800(a) will be misused by defendants seeking to circumvent the procedural safeguards of Rule 3.850 would be, in and of itself, a sufficient ground to deny relief in all but a few cases wh…
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Wood v. State, 641 So. 2d 511 (Fla. 5th DCA 1994)…PER CURIAM. AFFIRMED. Moses v. State, 538 So. 2d 473 (Fla. 5th DCA), rev. denied, 545 So. 2d 1368 (Fla.1989); Dunn v. State, 522 So. 2d 41 (Fla. 5th DCA 1988). HARRIS, C.J., and COBB and PETERSON, JJ., concur.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rowe v. State, 496 So. 2d 857 (Fla. 2d DCA 1986)
- Wahl v. State, 460 So. 2d 579 (Fla. 2d DCA 1984)
- Watkins v. State, 531 So. 2d 239 (Fla. 3d DCA 1988)
- Hunter v. State, 531 So. 2d 239 (Fla. 4th DCA 1988)
- Early v. State, 516 So. 2d 24 (Fla. 3d DCA 1987)
- Marianela Caceres v. Milton, 498 So. 2d 576 (Fla. 3d DCA 1986)
- Watkins v. State, 498 So. 2d 576 (Fla. 3d DCA 1986)
- Lowe v. State, 501 So. 2d 712 (Fla. 2d DCA 1987)
- Bailey v. State, 504 So. 2d 429 (Fla. 2d DCA 1987)