Opinion
No. 4D04-698.
February 16, 2005.
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Steven J. Levin, Judge; L.T. Case No. 01-27 CF.
Cindy E. D'Agostino of Law Office of Cindy E. D'Agostino, Palm Beach Gardens, and Barbara J. Scheffer, Palm Beach Gardens, for appellant.
Charles J. Crist, Jr., Attorney General, Tallahassee, and August A. Bonavita, Assistant Attorney General, West Palm Beach, for appellee.
More than two years after his plea agreement and sentencing, appellant challenged a provision of his sentence regarding electronic monitoring. If treated as a claim for post-conviction relief, the motion was untimely within the meaning of Florida Rule of Criminal Procedure 3.800(b). Furthermore, the electronic monitoring provision is not an "illegal sentence" within the meaning of Florida Rule of Criminal Procedure 3.800(a). By entering his plea and accepting the sentence, which avoided a potential thirty-five year prison sentence, appellant waived his right to make various constitutional challenges to section 948.03(5)(b)5, Florida Statutes (2001).
Affirmed.
KLEIN, GROSS and MAY, JJ., concur.