Brown v. State

Annotate this Case

Download PDF

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ANTWAN E. BROWN, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D03-4656 Opinion filed May 19, 2006. Appeal from the Circuit Court for Pinellas County; Richard A. Luce and Brandt C. Downey, III, Judges. Antwan E. Brown, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee. VILLANTI, Judge. We affirm Antwan Brown's appeal of his judgment and sentence entered after he pleaded guilty. We do so without prejudice for him to file a motion under Florida Rule of Criminal Procedure 3.800(a) when the mandate in this case has issued and jurisdiction has returned to the circuit court. Any motion should not be deemed successive based upon the circuit court's denial of Brown's pro se motion to correct illegal sentence. See Schrader v. State, 890 So. 2d 312 (Fla. 2d DCA 2004) (holding that a circuit court did not have jurisdiction to rule on a defendant's rule 3.800(a) motion filed during the pendency of his direct appeal). Affirmed. DAVIS and CANADY, JJ., Concur. -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.