WILLIAM KENNETH BRYANT A/K/A WILLIAM K. HOUSTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILLIAM KENNETH BRYANT A/K/A WILLIAM K. HOUSTON, APPELLANT,
STATE OF FLORIDA, APPELLEE
800 So. 2d 692
Florida District Court of Appeal, Fifth District (2001)
Positive Treatment
Cited by 24 cases
Opinion of the Court
GRIFFIN, J.
William Bryant filed a motion under Florida Rule of Criminal Procedure 3.800(a) to correct an illegal sentence. The defendant attacks his 1989 conviction for escape, asserting that he was not under state confinement when the escape occurred. The trial court denied the motion. We affirm.
The defendant does not have a claim of an illegal sentence but is, in fact, attacking the underlying conviction, which he calls an “erroneous charge.” This issue could or should have been raised on direct appeal or in a Rule 3.850 motion. It is not cognizable in a Rule 3.800(a) motion.
AFFIRMED.
PETERSON and PLEUS, JJ., concur.
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Cabrera v. State, 884 So. 2d 482 (Fla. 5th DCA 2004)…han sentences. See State v. Anderson, 821 So. 2d 1206, 1209 (Fla. 5th DCA 2002) (“A challenge to an underlying conviction may be raised on direct appeal or in a Rule 3.850 motion; it is not cognizable by way of Rule 3.800.”) (citing Bryant v. State, 800 So. 2d 692 (Fla. 5th DCA 2001), review denied, 819 So. 2d 133 (Fla.2002)). In Nicholson, this court properly observed that section 775.21(5) provides that “[a]n offender who meets the sexual predator criteria ... who is before the court for sentencing for a c…
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R.H. v. Dep't of Child. & Fam. Servs., 860 So. 2d 986 (Fla. 3d DCA 2003)…ation petition. We believe that, at a bare minimum, the father must be given a fair opportunity to be heard and respond to DCF’s charges before the rights to his children are adjudicated by the court. See, e.g., J.T. v. Dep’t of Children & Families, 800 So. 2d 692, 693 (Fla. 5th DCA 2001) (affirming termination of parental rights where parents did not appear at termination hearing and court heard testimony and found evidence of parents’ non-compliance with DCF’s case plan and parents’ failure to remedy condit…1 / 2
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S.C. v. Dep't of Child. & Families, 877 So. 2d 831 (Fla. 4th DCA 2004)…termination of rights. Id. at 1275. While recognizing the significance of a parent’s rights, the court concluded that the father’s intentional failure to appear amounted to constructive consent. Id. at 1276. See J.T. v. Dep’t of Children & Families, 800 So. 2d 692, 693-94 (Fla. 5th DCA 2001)(holding that where parents failed to appear at the advisory hearing, their failure to provide the court with a reasonable excuse for their absence supported termination under section 39.801(3)(d)).2 See also S.B. v. Dep’t…
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