EDWARD BROWN
v.
STATE
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An arrest warrant that is signed by a judge, dated, and stamped with the court seal or certified is valid on its face, and an illegal arrest does not void a subsequent conviction.
[1] An arrest warrant that is signed by a judge, dated, and stamped with the court seal or certified by the court is valid on its face and sufficient to support an arrest.
[2] An illegal arrest or defective arrest warrant does not void a subsequent conviction or bar prosecution when the defendant is otherwise properly brought within the court's…
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the power of a court to try a person for crime is not impaired by the fact that he had been brought within the court's jurisdiction by reason of a 'forcible abduction.'”
Court applying principle from Frisbie v. Collins that illegal arrest or manner of bringing defendant into jurisdiction does not void conviction
Edward R. Brown was convicted in December 2016 of robbery with a firearm and two counts of attempted second-degree murder after jury trial. He was sen…
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Third District Court of Appeal
State of Florida
Opinion filed February 3, 2021. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D21-56 Lower Tribunal No. 14-700
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Edward R. Brown,
Appellant,
vs.
The State of Florida,
Appellee.
An appeal from the Circuit Court for Miami-Dade County, Gina Beovides, Judge. Edward R. Brown, in proper person. Ashley Moody, Attorney General, for appellee. Before FERNANDEZ, SCALES and HENDON, JJ. HENDON, J. Edward R. Brown filed a petition for certiorari seeking review of the trial court’s order denying post-conviction relief. We treat the petition for certiorari as an appeal from the denial of a motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850(m) and affirm. In December 2016, Edward R. Brown was convicted after jury trial (lower tribunal no. F14-700) of the following: Count1, robbery with a firearm (carrying, actual possession, discharge); Count 2, attempted second degree murder, with a firearm (actual possession and discharge causing great bodily harm); Count 3, attempted second degree murder with a firearm (actual possession, threat). He went to trial and was convicted as charged. Brown qualified at sentencing as a prison releasee reoffender and as a violent career criminal, and was sentenced to mandatory life on all counts, to run concurrently, with a ten-year mandatory minimum sentence on all charges for firearm possession and discharge, also to run concurrently.
Brown’s convictions and sentences were affirmed on direct appeal. Brown v. State, 263 So. 3d 1121 (Fla. 3d DCA 2019). Brown subsequently filed a 3.850(m) motion in which he claimed that the arrest warrant1 was
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Citator
Authorities Cited
- Gerstein v. Pugh, 420 U.S. 103 (U.S. 1975)
- State v. Virchus Dane Tillman, 402 So. 2d 19 (Fla. 3d DCA 1981)
- State v. Harris, 629 So. 2d 983 (Fla. 5th DCA 1993)
- State v. Will Perkins, 760 So. 2d 85 (Fla. 2000)
- Crain v. State, 914 So. 2d 1015 (Fla. 5th DCA 2005)
- Brown v. State, 263 So. 3d 1121 (Fla. 3d DCA 2019)
- State v. Emanuel, 153 So. 2d 839 (Fla. 2d DCA 1963)
- Thomas v. State, 494 So. 2d 240 (Fla. 4th DCA 1986)