LEONARD PATTERSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LEONARD PATTERSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
904 So. 2d 593
Florida District Court of Appeal, Fourth District (2005)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Scott v. State, 962 So. 2d 388 (Fla. 4th DCA 2007)…ant objects to being sentenced in absentia when he failed to appear at his sentencing proceeding. Denial of the right to be present at sentencing does not make the resulting sentence illegal for rule 3.800(a) purposes. See, e.g., Patterson v. State, 904 So. 2d 593 (Fla. 4th DCA 2005) (affirming denial of rule 3.800(a) motion claiming defendant was sentenced in absentia, without prejudice to raise this issue in a timely rule 3.850 motion); Harris v. State, 789 So. 2d 1114 (Fla. 1st DCA 2001) (holding habeas co…
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Herndon v. State, 939 So. 2d 172 (Fla. 4th DCA 2006)…PER CURIAM. We affirm without prejudice to appellant raising issue III in a timely rule 3.850 motion. See Patterson v. State, 904 So. 2d 593 (Fla. 4th DCA 2005); Keifner v. State, 896 So. 2d 955 (Fla. 4th DCA 2005); Zuluaga v. State, 793 So. 2d 60 (Fla. 4th DCA 2001). As in Patterson, “[w]e do not have a sufficient record to determine whether, if appellant does file a rule 3.850 motion,…
Authorities Cited
- Heldrado A. Zuluaga v. State, 793 So. 2d 60 (Fla. 4th DCA 2001)