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Patterson v. State

District Court of Appeal of Florida, Fourth District
Jun 15, 2005
904 So. 2d 593 (Fla. Dist. Ct. App. 2005)

Summary

affirming denial of rule 3.800 motion claiming defendant was sentenced in absentia, without prejudice to raise this issue in a timely rule 3.850 motion

Summary of this case from Scott v. State

Opinion

No. 4D05-1691.

June 15, 2005.

Appeal of order denying rule 3.800(a) motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael L. Gates, Judge; L.T. Case Nos. 03-14004 CF10A 03-15614 CF10A.

Leonard Patterson, Miami, pro se.

No appearance required for appellee.


We affirm the trial court's denial of appellant's rule 3.800(a) motion alleging that he was improperly sentenced in absentia, without prejudice to his filing a timely rule 3.850 motion in proper form, in light of Zuluaga v. State, 793 So.2d 60 (Fla. 4th DCA 2001) (claims of improper sentencing in absentia are properly raised in a rule 3.850 motion). We do not have a sufficient record to determine whether, if appellant does file a rule 3.850 motion, it would be successive under rule 3.850(f), and this opinion should not be construed as deciding that issue.

GUNTHER, KLEIN and MAY, JJ., concur.


Summaries of

Patterson v. State

District Court of Appeal of Florida, Fourth District
Jun 15, 2005
904 So. 2d 593 (Fla. Dist. Ct. App. 2005)

affirming denial of rule 3.800 motion claiming defendant was sentenced in absentia, without prejudice to raise this issue in a timely rule 3.850 motion

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

Patterson v. State

Case Details

Full title:Leonard PATTERSON, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 15, 2005

Citations

904 So. 2d 593 (Fla. Dist. Ct. App. 2005)

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