CLAUDE LEE LYELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed the denial of Lyell's untimely and unsworn motion to withdraw his guilty plea to aggravated battery, holding that the motion was procedurally deficient and filed outside the two-year window for rule 3.850 challenges.
An unsworn motion to withdraw a guilty plea filed more than thirty days after sentencing is insufficient under Florida Rule of Criminal Procedure 3.850 and is untimely when filed outside the two-year window from finality of judgment.
[1] An unsworn motion to withdraw a guilty plea is insufficient under Florida Rule of Criminal Procedure 3.850 and, if treated as a rule 3.170(Z) motion, is untimely when fil…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceLyell pleaded guilty to two counts of aggravated battery in September 1998 and was placed on thirty-six months' probation. In April 2001, he admitted …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Timeliness Of Motion cases and more on FLexlaw
NORTHCUTT, Judge.
On September 16, 1998, the circuit court placed Claude Lyell on thirty-six months’ probation based on his guilty plea to two charges of aggravated battery. In April 2001, Lyell admitted violating his probation. The court revoked his probation and sentenced him to sixty months’ imprisonment on April 23, 2001. On May 13, 2001, he filed an unsworn motion to withdraw his plea, in which he attacked the voluntariness of his September 1998 plea, not the voluntariness of his admission that he violated probation. The circuit court correctly found that the unsworn motion was insufficient under Florida Rule of Criminal Procedure 3.850. It treated the motion as one pursuant to rule 3.170(Z) and denied it as untimely because it was filed more than thirty days after sentence was imposed on the contested plea.
We affirm the order denying Lyell’s motion to withdraw his plea. Our affirmance is without prejudice to his rights, if any, to file a sufficient rule 3.850 motion concerning his probation violation. We note, however, that the time has run to file a rule 3.850 motion attacking the voluntariness of his September 1998 plea. Lyell did not appeal his judgment and sentence based on that plea, so it became final on October 16, 1998. His two-year window to challenge that plea under rule 3.850 expired in October 2000. See Fla. R.Crim. P. 3.850(b).
Affirmed.
ALTENBERND, C.J., and CASANUEVA, J„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
McFADDEN v. State, 904 So. 2d 570 (Fla. 4th DCA 2005)…The post-conviction motion was untimely because it was filed “more than 2 years after the judgment and sentence became final” in the 1996 case. Fla. R.Crim. P. 3.850(b). Probation is a “sentence” within the meaning of the rule. See Lyell v. State, 872 So. 2d 447 (Fla. 2d DCA 2004); Fla. R.Crim. P. 3.710(a) (providing that “[n]o sentence or sentences other than probation shall be imposed.... ”). Construing the predecessor to the current version of rule 3.850, the supreme court held that probation “in and of…
-
Jamaal A. Hameen v. Sheriff John H. Rutherford, 909 So. 2d 407 (Fla. 1st DCA 2005)…. R.Crim. P. 3.850(a)(5); Lusunariz v. State, 908 So. 2d 1094 (Fla. 3d DCA 2005). The unsworn petition does not conform to the oath requirement of Rule 3.850(c), but it was filed within the timetable established in Rule 3.850(b). See Lyell v. State, 872 So. 2d 447 (Fla. 2d DCA 2004). According to the petition, Harneen entered a plea agreement and was sentenced to two years’ community control on August 13, 2003 (after which he violated the terms of community control and was sentenced to a term in jail). Becaus…
-
Job Langlois v. State, 933 So. 2d 1281 (Fla. 2d DCA 2006)…mely filed, the motion should have been dismissed rather than denied on the merits. Therefore, we reverse and remand to the postconviction court with directions to dismiss the motion as untimely. See Fla. R.Crim. P. 3.850(b); [*1282] Lyell v. State, 872 So. 2d 447 (Fla. 2d DCA 2004). Reversed and remanded with directions. NORTHCUTT, SILBERMAN, and CANADY, 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 intelligence