KELVIN O'BERRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1981-12-09
No. 81-271
COBB and FRANK D. UPCHURCH, Jr., JJ., concur.
406 So. 2d 1251 Florida District Court of Appeal, Fifth District (1981) Positive Treatment
Cited by 4 cases
Opinion of the Court
SHARP, Judge.

SHARP, Judge.

In appealing his judgment and sentence for sexual battery, appellant asserts two procedural trial errors and also contends he should have been sentenced as a youthful offender pursuant to Chapter 958, Florida Statutes (1979). We find no merit to appellant’s first two objections and further determine he failed to present his sentencing argument to the trial court. Accordingly the judgment and sentence are affirmed without prejudice to appellant’s right to seek appropriate relief, e.g., through Florida Rule of Criminal Procedure 3.850. See Rubasky v. State, 401 So. 2d 894 (Fla. 5th DCA 1981); Dunman v. State, 400 So. 2d 838 (Fla. 5th DCA 1981).

COBB and FRANK D. UPCHURCH, Jr., JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Walcott v. State, 460 So. 2d 915 (Fla. 5th DCA 1984)
    …ord as required by § 947.16(3)(a), Fla.Stat.). Greene v. State, 403 So. 2d 1126 (Fla. 5th DCA 1981), cited Rubasky and Dunman and applied the COR to a sentencing error (failure to make findings required by § 39.111(6), Fla.Stat.). O’Berry v. State, 406 So. 2d 1251 (Fla. 5th DCA 1981), cited Rubasky and Dun-man, and applied the COR to a sentencing error (failure to make findings required by § 39.111(6), Fla.Stat.). Harvey v. State, 408 So. 2d 579 (Fla. 5th DCA 1981), cited Smith, Jones and Dun-man and applied…
  • Jones v. State, 418 So. 2d 1256 (Fla. 4th DCA 1982)
    …t prejudice to appellant’s right to seek relief under Florida Rule of Criminal Procedure 3.850, if he is so advised. Rubasky v. State, 401 So. 2d 894 (Fla. 5th DCA), cert. denied, 454 U.S. 973, 102 S.Ct. 524, 70 L.Ed.2d 393 (1981); O’Berry v. State, 406 So. 2d 1251 (Fla. 5th DCA 1981), and Burley v. State, 402 So. 2d 73 (Fla. 5th DCA 1981); cf. Glenn v. State, 411 So. 2d 1367 (Fla. 5th DCA 1982). On the other hand, if the point is preserved in the trial court, we would expect to reverse and remand the cause w…

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