LISA DEANNA HODGE BRADLEY
v.
STATE OF FLORIDA
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Lisa Deanna Hodge Bradley appealed her conviction and sentence for burglary and grand theft following a probation violation. The appellate court affirmed the judgment and sentences, holding that the appellant failed to preserve for appeal her argument regarding the application of section 948.06(2)(f)1., Florida Statutes, and that even if properly preserved, she did not satisfy all four conditions required by that statute.
The trial court's judgment and sentences were affirmed. The appellant did not preserve her argument that section 948.06(2)(f)1. applies when any, rather than all, of the statutory conditions are met. Additionally, a defendant must comply with all four conditions set forth in section 948.06(2)(f)1. to receive the statute's benefit.
[1] An argument is cognizable on appeal only if it was the specific contention asserted as the legal ground for the objection, exception, or motion below.
[2] A defendant must comply with all four conditions set forth in section 948.06(2)(f)1., Florida Statutes, to receive the benefit of the statute regarding modification or co…
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Join FLexlaw to unlock all legal intelligence“in order for an argument to be cognizable on appeal, it must be the specific contention asserted as the legal ground for the objection, exception, or motion below”
Establishes the preservation doctrine that requires arguments to be raised with specificity in the trial court.
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Join FLexlaw to unlock all legal intelligenceAppellant was convicted of burglary of an unoccupied dwelling and grand theft. After violating her probation, the trial court entered a judgment and s…
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PER CURIAM.
Appellant, Lisa Deanna Hodge Bradley, appeals her judgment and sentences for burglary of an unoccupied dwelling and grand theft that the trial court entered after she violated her probation. Appellant argues on appeal that the trial court, in imposing a prison sentence, violated section 948.06(2)(f)1., Florida Statutes, which became effective on October 1, 2019, and which requires trial courts to modify or continue probation if certain conditions are met. We affirm Appellant’s judgment and sentences on the basis that she did not preserve for appeal her argument that section 948.06(2)(f)1. applies as long as any, as opposed to all, of the conditions are satisfied. See Harrell v. State, 894 So. 2d 935, 940 (Fla. 2005) (explaining that in order for an argument to be cognizable on appeal, it must be the specific contention asserted as the legal ground for the objection, exception, or motion below). Moreover, even if Appellant had properly preserved the issue for appeal, she would not be entitled to relief because, as we recently held, a defendant must comply with all four conditions set forth in section 948.06(2)(f)1. in order to receive the benefit of the statute. See Owens v. State, 45 Fla. L. Weekly D2011 (Fla. 1st DCA Aug. 25, 2020). AFFIRMED.
LEWIS, NORDBY, and LONG, JJ., concur. _____________________________
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Citator
Authorities Cited
- Harrell v. State, 894 So. 2d 935 (Fla. 2005)
- Ventura Brown v. State (Fla. 1st DCA 2020)