ALLEN R. HIMEBAUGH, APPELLANT,
v.
STANLEY E. HUTTON, ET AL., APPELLEES
ALLEN R. HIMEBAUGH, APPELLANT,
STANLEY E. HUTTON, ET AL., APPELLEES
691 So. 2d 645
Florida District Court of Appeal, Fifth District (1997)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
AFFIRMED. See § 95.16, Fla. Stat. (1995); Mumaw v. Roberson, 60 So. 2d 741 (Fla.1952); see also Enos v. Casey Mountain, Inc., 532 So. 2d 703 (Fla. 5th DCA 1988), rev. denied, 542 So. 2d 988 (Fla.1989).
PETERSON, C. J., and HARRIS and ANTOON, JJ., concur.
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Calloway v. State, 718 So. 2d 268 (Fla. 5th DCA 1998)…Florida Rule of Appellate Procedure 9.020(h). Thus, we must conclude that the sentencing error was not preserved and therefore cannot be raised in the direct appeal. See § 921.051 (effective July 1, 1996); Fla. R.App. P. 9.140(b). Hubbard v. State, 691 So. 2d 645 (Fla. 5th DCA 1997), citing Middleton v. State, 689 So. 2d 304 (Fla. 1st DCA 1997). Further, even if we were to reach the merits of Calloway’s appeal, there was sufficient evidence adduced in the record to establish Calloway had been convicted at a…
Authorities Cited
- Mumaw v. Roberson, 60 So. 2d 741 (Fla. 1952)
- Enos v. Casey Mountain, Inc., 532 So. 2d 703 (Fla. 5th DCA 1988)