Florida District Courts of Appeal, 2005

Douglas v. State

Douglas v. State
Florida District Courts of Appeal · Decided February 16, 2005 · Gross, Klein
893 So. 2d 655; 2005 Fla. App. LEXIS 1602; 2005 WL 357033 (Southern Reporter, Second Series)

Douglas v. State

Opinion of the Court

PER CURIAM.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.