RENOIT SAINTELIEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Civil Proceedings cases and more on FLexlaw
PER CURIAM.
Renoit Saintelien appeals the denial of his motion to correct illegal sentence. Saintelien complains about his sexual predator designation because he alleges that his plea agreement did not call for him being designated a sexual predator. Because the sexual predator designation is not a sentence or punishment, see Walker v. State, 718 So. 2d 217 (Fla. 4th DCA 1998), a challenge to a sexual predator designation is not properly raised in a postconviction motion and should be raised in a civil proceeding. Connor v. State, 773 So. 2d 1242 (Fla. 4th DCA 2000). The Second District and the Fifth District have held to the contrary. See King v. State, 911 So. 2d 229 (Fla. 2d DCA 2005); Kidd v. State, 855 So. 2d 1165 (Fla. 5th DCA 2003).
As we did in Brown v. State, 927 So. 2d 1024 (Fla. 4th DCA 2006), we again certify conflict with King and Kidd.
Affirmed.
WARNER, POLEN and KLEIN, JJ., concur.
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
- King v. State, 911 So. 2d 229 (Fla. 2d DCA 2005)
- Kidd v. State, 855 So. 2d 1165 (Fla. 5th DCA 2003)
- Brown v. State, 927 So. 2d 1024 (Fla. 4th DCA 2006)
- Connor v. State, 773 So. 2d 1242 (Fla. 4th DCA 2000)
- Lynn Strickland/GCR Truck Tire Ctr. & Gallagher-Bassett Servs., Inc. v. Pike, 718 So. 2d 217 (Fla. 1st DCA 1998)
- Walker v. State, 718 So. 2d 217 (Fla. 4th DCA 1998)