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Jackson v. State

District Court of Appeal of Florida, Second District
Dec 5, 2001
801 So. 2d 212 (Fla. Dist. Ct. App. 2001)

Summary

holding that a claim attacking a sexual predator designation may not be raised under rule 3.850 or rule 3.800

Summary of this case from Czetli v. State

Opinion

Case No. 2D01-3529

Opinion filed December 5, 2001.

Appeal pursuant to Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Chet A. Tharpe, Judge.


David Ezra Jackson appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Jackson alleges that the trial court erred in designating him as a sexual predator because he does not qualify for such treatment due to the date of his prior offense. The trial court correctly denied this claim because it may not be raised pursuant to either rule 3.800 or 3.850. See Angell v. State, 712 So.2d 1132 (Fla. 2d DCA 1998). We therefore affirm.

As in Angell, our affirmance is without prejudice to Jackson's right to pursue any available civil remedies. See id. Although not raised by Jackson, we note that Jackson may have been convicted of failure to register based upon the allegedly erroneous sexual predator designation. Our affirmance is therefore also without prejudice to any right Jackson may have to challenge his conviction by seeking relief pursuant to rule 3.850.

Affirmed.

ALTENBERND, A.C.J., and NORTHCUTT, J., Concur.


Summaries of

Jackson v. State

District Court of Appeal of Florida, Second District
Dec 5, 2001
801 So. 2d 212 (Fla. Dist. Ct. App. 2001)

holding that a claim attacking a sexual predator designation may not be raised under rule 3.850 or rule 3.800

Summary of this case from Czetli v. State

affirming the trial court's order denying Jackson's sexual predator designation challenge as improperly raised in a motion for postconviction relief

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

Jackson v. State

Case Details

Full title:DAVID EZRA JACKSON, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Dec 5, 2001

Citations

801 So. 2d 212 (Fla. Dist. Ct. App. 2001)

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