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Angell v. State

District Court of Appeal of Florida, Second District
May 29, 1998
712 So. 2d 1132 (Fla. Dist. Ct. App. 1998)
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Summary

holding that designation is neither a sentence nor a punishment

Summary of this case from State v. Robinson
See 5 Summaries

Opinion

No. 97-03981

Opinion filed May 29, 1998. Rehearing Denied June 18, 1998

Appeal pursuant to Fla. R. App. P. 9.140(i) from the Circuit Court for Polk County;

Ronald A. Herring, Judge.

PER CURIAM.

Thomas James Angell challenges the trial court's denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.850 which assails counsel for not objecting to the trial court's determination that designated him a sexual predator under section 775.21-.23, Florida Statutes (1993). We affirm. This court has recently held that designation as a sexual predator is neither a sentence nor a punishment, and that the Florida Rules of Criminal Procedure do not, in general, apply to this statutory provision.See Collie v. State, 23 Fla. L. Weekly D1102 (Fla. 2d DCA May 1, 1998).

In its response ordered by this court, the State concedes that, in fact, Angell does not qualify for sexual predator treatment due to the dates of his prior convictions. While Florida Rules of Criminal Procedure 3.800 and 3.850 are unavailable to Angell to attempt to rectify this error, this affirmance is entered without prejudice for him to pursue any available civil remedies. See, e.g., § 86.011, Fla. Stat. (1997). The balance of Angell's claims are rejected without discussion.

Affirmed.

PARKER, C.J., and FRANK and PATTERSON, JJ., Concur.

Summaries of

Angell v. State

District Court of Appeal of Florida, Second District
May 29, 1998
712 So. 2d 1132 (Fla. Dist. Ct. App. 1998)

holding that designation is neither a sentence nor a punishment

Summary of this case from State v. Robinson

holding that Florida Rules of Criminal Procedure 3.800 and 3.850 are not available to challenge erroneous designation as sexual predator

Summary of this case from Wade v. State

affirming denial of motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 without prejudice to defendant's right to seek relief from sexual predator designation by any available civil remedy

Summary of this case from Smeltz v. State

In Angell v. State, 712 So.2d 1132 (Fla. 2d DCA 1998), the Second District Court took a completely different approach and held that designation proceedings under the statute are civil actions.

Summary of this case from Cabrera v. State

In Angell, the court suggested the defendant file a civil declaratory action; in Coblentz and Smeltz, a motion for relief from judgment under Florida Rule of Civil Procedure 1.540 was suggested.

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

Angell v. State

Case Details

Full title:THOMAS JAMES ANGELL, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: May 29, 1998

Citations

712 So. 2d 1132 (Fla. Dist. Ct. App. 1998)

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Therefore, he has not properly preserved this issue for review by this court and, because we are bound by the…

Wade v. State

Therefore, Wade would not be entitled to seek relief under rule 3.800. See Angell v. State, 712 So.2d 1132…

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