Hilbert v. State

By way of a Motion to Correct Illegal Sentence brought pursuant to Rule 3.800, Fla.R.Crim.P., appellant Daniel Hilbert seeks to challenge the validity of his 1990 conviction and sentence for escape. Based upon the holding of Munn v. State, 573 So.2d 439 (Fla. 2d DCA 1991), Hilbert argues that where he was in a supervised release status and not confined as that term is defined in section 945.091(l)(d), Florida Statutes (1989),1 he could not properly be convicted of escape. We find that Hilbert’s challenge to the validity of his conviction for escape must be properly treated as a motion *896for…