PATRICIA E. PRINCE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Patricia Prince appealed a trial court's denial of her postconviction motion challenging her probation revocation and sentence. The trial court addressed only one of her five claims and failed to consider whether her remaining claims were cognizable under the applicable procedural rules. The appellate court reversed and remanded for the trial court to properly evaluate all claims under the correct legal standards.
The court held that Prince's first claim attacking the sufficiency of evidence for probation revocation is not cognizable under rule 3.800(a) because it challenges the conviction rather than the sentence. The court also held that on remand, the trial court must determine whether Prince's remaining four claims are cognizable under rule 3.800(a), and if not, whether they are cognizable and facially sufficient under rule 3.850.
[1] A claim attacking the sufficiency of the evidence for probation revocation is not cognizable under Florida Rule of Criminal Procedure 3.800(a).
[2] Claims related to convictions, rather than sentences, are not cognizable under Florida Rule of Criminal Procedure 3.800(a).
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Join FLexlaw to unlock all legal intelligence“claims related to convictions, and not sentences, are not cognizable under rule 3.800(a)”
Establishes the fundamental limitation on rule 3.800(a) motions—they address illegal sentences, not sufficiency of evidence for underlying convictions or revocations.
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Join FLexlaw to unlock all legal intelligencePatricia Prince filed a postconviction motion under Florida Rule of Criminal Procedure 3.800(a) raising four claims, plus a fifth claim in a supplemen…
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FULMER, Judge.
Patricia Prince raised four claims in a postconviction motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a) and a fifth claim in a supplemental motion. The trial court denied the first claim on the merits, but failed to address Prince’s remaining four claims. We reverse the trial court’s order and remand for further proceedings.
Prince’s first claim alleges that her sentence is illegal because the trial court lacked authority to revoke her probation based solely on an arrest. Citing Ontiveros v. State, 746 So. 2d 1174 (Fla. 2d DCA 1999), Prince contends that an arrest alone is not a sufficient basis to revoke probation. . The trial court reviewed and denied this claim on its merits without regard for whether the claim is cognizable under rule 3.800(a).1 However, this claim is an attack on the sufficiency of the evidence for the revocation and is not cognizable in a rule 3.800(a) motion. See Shortridge v. State, 884 So. 2d 321 (Fla. 2d DCA 2004) (claims related to convictions, and not sentences, are not cognizable under rule 3.800(a)).
The additional claims that the trial court failed to address include: (1) the revocation of probation was based on offenses not alleged in the charging document; (2) the trial court lacked subject matter jurisdiction; (3) her convictions for both battery and violating a domestic violence injunction are a violation of double jeopardy; and (4) the trial court lacked authority to revoke her community control because the original order placing her on community control was invalid.
On remand, the trial court should determine whether any of Prince’s additional four claims are cognizable under rule 3.800(a). If these claims are not cognizable under rule 3.800(a), the trial court should consider whether these claims, as well as the first claim, are cognizable and facially sufficient under Florida Rule of Criminal Procedure 3.850. See Rinderer v. State, 857 So. 2d 955, 957 (Fla. 4th DCA 2003) (requiring the trial court to consider whether claims improperly raised under rule 3.800(a) are facially sufficient under rule 3.850); see also Richardson v. State, 719 So. 2d 39, 40 (Fla. 2d DCA 1998) (“Even though Richardson styled her motion as having been brought via rule 3.850, it would be in the interest of justice to treat any claims cognizable under rule 3.800(a) as having been raised in such a motion.”).
Reversed and remanded for further proceedings.
CASANUEVA and DAVIS, JJ., Concur. . If, on remand, the trial court determines that this claim may be addressed under rule 3.850, the trial court may wish to reconsider its determination that the claim has no merit. See Manies v. State, 621 So. 2d 679 (Fla. 2d DCA 1993).
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MacAluso v. State, 912 So. 2d 694 (Fla. 2d DCA 2005)…gnizable under rule 3.800(a)); Judge v. State, 596 So. 2d 73, 77 (Fla. 2d DCA 1991) (en banc) (same). On remand, the postconviction court improperly considered the claim’s merit without first determining its facial sufficiency. See Prince v. State, 903 So. 2d 1068, 1069 (Fla. 2d DCA 2005) (explaining that following the cognizability prong, a postconviction court should determine a rule 3.800(a) claim’s facial sufficiency before considering its merit). We acknowledge that the directions given to the post-convi…
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Gleston N. Edwards v. State, 35 So. 3d 121 (Fla. 4th DCA 2010)…PER CURIAM. The defendant appeals the denial of his Rule 3.800(a) motion, challenging the sufficiency of the evidence presented at trial. We affirm. A Rule 3.800(a) motion cannot be used to challenge the conviction. See Prince v. State, 903 So. 2d 1068 (Fla. 2d DCA 2005). Affirmed. WARNER, TAYLOR and MAY, JJ., concur.…
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Will Utile v. State, 374 So. 3d 71 (Fla. 3d DCA 2024)…rez v. State, 374 So. 3d 71, 72 (Fla. 3d DCA 2022). Although the instant challenge is to the sufficiency of evidence to support the revocation of probation as opposed to the original “conviction,” the same principles apply. See Prince v. State, 903 So. 2d 1068, 1069 (Fla. 2d DCA 2005) (holding that an attack on the sufficiency of the evidence for the probation revocation is not cognizable in a rule 3.800(a) motion). Affirmed.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Shortridge v. State, 884 So. 2d 321 (Fla. 2d DCA 2004)
- Rinderer v. State, 857 So. 2d 955 (Fla. 4th DCA 2003)
- Manies v. State, 621 So. 2d 679 (Fla. 2d DCA 1993)
- Ontiveros v. State, 746 So. 2d 1174 (Fla. 2d DCA 1999)
- Richardson v. State, 719 So. 2d 39 (Fla. 2d DCA 1998)