CURTIS KENDALL PERNELL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
CURTIS KENDALL PERNELL, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
937 So. 2d 234
Florida District Court of Appeal, Third District (2006)
Positive Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM.
The defendant appeals the trial court’s denial of his motion for post conviction relief claiming newly discovered evidence. We affirm because the defendant’s claim regarding gain time has been previously litigated, Pernell v. State, 855 So. 2d 66 (Fla. 3d DCA 2003), is untimely, and does not qualify as newly discovered evidence. See Fla. R.Crim. P. 3.850; Blanco v. State, 702 So. 2d 1250 (Fla.1997).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Renoit Saintelien v. State, 990 So. 2d 494 (Fla. 2008)…e to a sexual predator designation imposed pursuant to section 775.21(5), Florida Statutes (2003), may be raised in a Florida Rule of Criminal Procedure 3.800(a) motion to correct an illegal sentence filed in criminal court. See Saintelien v. State, 937 So. 2d 234, 235 (Fla. 4th DCA 2006) (requiring sexual predator designation challenges to be raised in separate civil proceedings); Boyer v. State, 946 So. 2d 75 (Fla. 1st DCA 2006) (same); contra King v. State, 911 So. 2d 229 (Fla. 2d DCA 2005) (permitting suc…1 / 2
-
Boyer v. State, 946 So. 2d 75 (Fla. 1st DCA 2006)…he ex post facto clause.”). Consequently, Appellant cannot challenge [*76] his designation as a sexual predator in a postconviction motion but must instead file a separate civil suit seeking injunctive or declaratory relief. See Saintelien v. State, 937 So. 2d 234, 235 (Fla. 4th DCA 2006) (citing Connor v. State, 773 So. 2d 1242 (Fla. 4th DCA 2000)). The Second District recently receded from its prior precedent that an appellant can challenge his or her erroneous designation as a sexual predator only in a se…
-
MacIas v. State, 956 So. 2d 529 (Fla. 4th DCA 2007)…PER CURIAM. Affirmed. Saintelien v. State, 937 So. 2d 234 (Fla. 4th DCA 2006); rev. granted, SC 06-1888, 952 So. 2d 1191, 2007 WL 1113973 (Fla. Mar 28, 2007). GUNTHER, FARMER and MAY, JJ., concur.…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Blanco v. State, 702 So. 2d 1250 (Fla. 1997)