ANDREW GEORGE EFRAIMSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ANDREW GEORGE EFRAIMSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
493 So. 2d 79
Florida District Court of Appeal, Fourth District (1986)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
This is an appeal from an order denying a motion for post-conviction relief which claimed that insufficient reasons had been given by the sentencing judge for deviating from the sentencing guidelines. We affirm, not only because we find no error in the deviation, see State v. Baker, 483 So. 2d 423 (Fla.1986) and Ballard v. State, 11 F.L.W. 1179 (Fla. 4th DCA May 21, 1986), but because we believe appellant, who appealed his conviction and sentence but was unsuccessful, had no right to subsequently challenge alleged sentencing errors that could and should have been raised on appeal. Richardson v. State, 491 So. 2d 1242 (Fla. 1st DCA 1986).
DOWNEY, ANSTEAD and GLICK-STEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Senior v. State, 502 So. 2d 1360 (Fla. 5th DCA 1987)…to correct a legal sentence that is already being served. Under Florida law, a sentence is not subject to attack under Florida Rule of Criminal Procedure 3.800 or 3.850 if the issue could have been raised on a direct appeal. See Efraimson v. State, 493 So. 2d 79 (Fla. 4th DCA 1986); Richardson v. State, 491 So. 2d 1242 (Fla. 1st DCA), dismissed, 500 So. 2d 545 (Fla.1986); Chippas v. State, 482 So. 2d 528 (Fla. 5th DCA 1986); Adams v. State, 462 So. 2d 884 (Fla. 2d DCA 1985). Exceptions to this rule are prov…
Authorities Cited
- State v. Terence A. Baker, 483 So. 2d 423 (Fla. 1986)
- Richardson v. State, 491 So. 2d 1242 (Fla. 1st DCA 1986)