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Saintelien v. State

District Court of Appeal of Florida, Fourth District
Sep 1, 2006
937 So. 2d 234 (Fla. Dist. Ct. App. 2006)
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Summary

requiring sexual predator designation challenges to be raised in separate civil proceedings

Summary of this case from Saintelien v. State
See 2 Summaries

Opinion

No. 4D06-2792.

September 1, 2006.

Appeal from the Fifteenth Judicial Circuit Court, Palm Beach County, Lucy Chernow Brown, J.

Renoit Saintelien, Okeechobee, pro se.

No appearance required for appellee.

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.

Summaries of

Saintelien v. State

District Court of Appeal of Florida, Fourth District
Sep 1, 2006
937 So. 2d 234 (Fla. Dist. Ct. App. 2006)

requiring sexual predator designation challenges to be raised in separate civil proceedings

Summary of this case from Saintelien v. State

In Saintelien, the supreme court held that a rule 3.800(a) motion may be used to challenge a sexual predator designation, but specified its holding applied only when it is apparent from the face of the record that the criteria for designation were not met. It then quashed our decision in this case, and remanded for reconsideration and review of the record based upon Saintelien.

Summary of this case from Breitberg v. State
Case details for

Saintelien v. State

Case Details

Full title:Renoit SAINTELIEN, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Sep 1, 2006

Citations

937 So. 2d 234 (Fla. Dist. Ct. App. 2006)

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