EDWARD NICHOLAS REEDER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EDWARD NICHOLAS REEDER, APPELLANT,
STATE OF FLORIDA, APPELLEE
688 So. 2d 458
Florida District Court of Appeal, First District (1997)
Negative Treatment
Cited by 13 cases
Opinion of the Court
PER CURIAM.
The trial court’s summary denial of Appellant’s rule 3.800 motion is affirmed. The motion does not allege that the trial court imposed a sentence exceeding the statutory maximum, as contemplated in Davis v. State, 661 So. 2d 1193 (Fla.1995), but instead challenges the legality of Appellant’s conviction under State v. Gray, 654 So. 2d 552 (Fla.1995). A claim such as this must be presented in a sworn motion for postconviction relief under rule 3.850. We express no opinion on the merits of the claim.
Affirmed.
WEBSTER, LAWRENCE and PADOVANO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
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R.A.M. v. State, 695 So. 2d 1308 (Fla. 1st DCA 1997)…ailed to obtain a recommendation as to restrictiveness level from the Department of Juvenile Justice after he rejected the department’s recommendation of community control. The appellant is entitled to relief under decisions such as J.P.M. v. State, 688 So. 2d 458 (Fla. 1st DCA 1997), and S.R. v. State, 683 So. 2d 576 (Fla. 1st DCA 1996). Nevertheless, the appellee relies upon I.T. v. State, 694 So. 2d 720 (Fla.1997), in arguing that the appellant is precluded from raising the issue presented here because o…
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D.L.B. v. State, 707 So. 2d 844 (Fla. 2d DCA 1998)…ess level recommendation from the Department. The court has held in this regard that community control is not a “restrictiveness level.” See R.A.M. v. State, 695 So. 2d 1308 (Fla. 1st DCA), reh’g granted, 698 So. 2d 1225 (Fla.1997); J.P.M. v. State, 688 So. 2d 458 (Fla. 1st DCA 1997); S.R. v. State, 683 So. 2d 576 (Fla. 1st DCA 1996). We disagree, however, with the First District’s interpretation of the statute. We do not believe the statute requires the court, once it has already rejected the Department’s n…
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State v. J.P.C., 731 So. 2d 1255 (Fla. 1999)…nts upon which the First District relied in J.P.C.: O.M. v. State, 689 So. 2d 1265 (Fla. 1st DCA 1997), and K.Y.L. v. State, 685 So. 2d 1380 (Fla. 1st DCA 1997), to the extent they are inconsistent with E.D.P. This Court disapproved J.P.M. v. State, 688 So. 2d 458 (Fla. 1st DCA 1997), and S.R. v. State, 683 So. 2d 576 (Fla. 1st DCA 1996), on the same basis. D.L.B. v. State, 720 So. 2d 202 (Fla.1998). We quashed L.R.J. v. State, 706 So. 2d 72 (Fla. 1st DCA 1998), for the same reason. State v. L.R.J., 720 So. 2…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Davis v. State, 661 So. 2d 1193 (Fla. 1995)
- State v. Collin Gray, 654 So. 2d 552 (Fla. 1995)