LINDA DENISE WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant's appeal of a community control revocation sentence was affirmed because she failed to preserve the alleged guidelines scoresheet error by raising it at sentencing or in a timely motion under Florida Rule of Criminal Procedure 3.800(b).
A sentencing error is not reviewable on appeal when the defendant fails to object at sentencing or file a timely motion to correct the sentence under Florida Rule of Criminal Procedure 3.800(b).
[1] A sentencing error based on an allegedly incorrect guidelines scoresheet is not reviewable on appeal when the defendant fails to object at sentencing or file a timely mot…
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Join FLexlaw to unlock all legal intelligenceLinda Denise Williams was sentenced following revocation of community control. She claimed on appeal that her guidelines scoresheet was incorrectly ca…
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MICKLE, Judge.
In this direct appeal from judgments and sentences entered following revocation of community control, appellant claims that her guidelines scoresheet was incorrectly calculated. The state asserts that the appeal should be dismissed for lack of jurisdiction in light of the fact that appellant entered a plea, without objecting to any scoresheet error at sentencing and without filing a motion to correct sentence, thus failing to preserve the sentencing error now claimed. We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.140(b)(2)(B)(iv). However, because appellant failed to raise the alleged error either at sentencing, or in a timely motion under Florida Rule of Criminal Procedure 3.800(b), and no fundamental error appears on the record, we affirm the challenged sentence. See Amendments to the Florida Rules of Appellate Procedure, 685 So. 2d 773 (Fla.1996); Amendments to Florida Rule of Appellate Procedure 9.020(g) & Florida Rule of Criminal Procedure 3.800, 675 So. 2d 1374 (Fla.1996); § 924.051(3) & (4), Fla. Stat. (Supp.1996); Middleton v. State, 689 So. 2d 304 (Fla. 1st DCA 1997).1
AFFIRMED.
ALLEN and WEBSTER, JJ., concur. . Appellant’s constitutional challenges to the applicability of Chapter 924, Florida Statutes (Supp.1996) to her case have been rejected in Neal v. State, 688 So. 2d 392 (Fla. 1st DCA 1997).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
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Sirron J. Johnson v. State, 717 So. 2d 1057 (Fla. 1st DCA 1998)…. Amendments to Florida Rule of Appellate Procedure 9.020(g) and Florida Rule of Criminal Procedure 3.800, 675 So. 2d 1374 (Fla.1996); Johnson v. State, 697 So. 2d 1245 (Fla. 1st DCA), review denied, 703 So. 2d 476 (Fla.1997); and Williams v. State, 697 So. 2d 164 (Fla. 1st DCA), review denied, [*1066] 700 So. 2d 689 (Fla.1997). Indeed, it is not unlikely that defense counsel recognized that by orally announcing his intent to depart, the trial judge simply adopted the reasons articulated by the State. AFFIRM…
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Dodson v. State, 710 So. 2d 159 (Fla. 1st DCA 1998)…1st DCA 1997)(affirming as unpre-served a claim that defendant received an improper upward departure sentence because the sole reason given for the departure had already been taken into account in computing his guidelines score); Williams v. State, 697 So. 2d 164 (Fla. 1st DCA 1997)(affirming as unpreserved an alleged scoresheet error). We fail to see how the wrongful imposition of a nominal discretionary attorney’s fee lien can be deemed any more fundamental than wrongful incarceration. In light of the lar…
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Locke v. State, 719 So. 2d 1249 (Fla. 1st DCA 1998)…1997) (affirming [*1252] as unpreserved a claim that defendant received an improper upward departure sentence because the sole reason given for the departure had already been taken into account in computing his guidelines score); Williams v. State, 697 So. 2d 164 (Fla. 1st DCA 1997) (affirming as unpreserved an alleged scoresheet error). We fail to see how the wrongful imposition of a nominal discretionary attorney’s fee lien can be deemed any more fundamental than wrongful incarceration. We recede from Nea…
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Amendments to the Florida Rules of Appellate Procedure, 685 So. 2d 773 (Fla. 1996)
- Neal v. State, 688 So. 2d 392 (Fla. 1st DCA 1997)
- Amendments TO Fla. Rule OF App. Procedure 9.020(g) & Fla. Rule OF Crim. Procedure 3.800, 675 So. 2d 1374 (Fla. 1996)
- Arlecia Michelle Middleton v. State, 689 So. 2d 304 (Fla. 1st DCA 1997)