DAVID LEONARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
In this direct appeal, David Leonard challenges, as illegal, the thirty-year sentence he received when the probation he was serving on a second-degree felony was revoked. See §§ 775.082(3)(c), 800.04, Fla. Stat. (1987). No other issues are raised. Because Leonard pleaded guilty to the underlying offense and failed to bring this error to the trial court’s attention first, pursuant to section 924.051(4), Florida Statutes (Supp.1996), we are without jurisdiction to entertain this issue on direct appeal. Therefore, we dismiss this appeal without prejudice to Leonard to seek correction of this possible error by filing a motion pursuant to Florida Rule of Criminal Procedure 3.800(a).
Dismissed.
ALTENBERND, A.C.J., and FULMER and CASANUEVA, JJ., concur.
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Maddox v. State, 760 So. 2d 89 (Fla. 2000)…peal in order to categorize the types of sentencing errors that constitute patent, serious sentencing errors that should be corrected during this window period as fundamental error. A. Sentences Exceeding the Statutory Maximum In Leonard v. State, 731 So. 2d 2 (Fla. 2d DCA 1998), review granted, 719 So. 2d 287 (Fla.1998) (Case No. 93,332), the defendant pleaded nolo contendere to a violation of probation and was sentenced to a term of thirty years’ imprisonment when the statutory maximum for the second-de…1 / 2
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Leonard v. State, 760 So. 2d 114 (Fla. 2000)…PARIENTE, J. We have for review Leonard v. State, 731 So. 2d 2 (Fla. 2d DCA 1998), which expressly and directly conflicts with the opinions in Thompson v. State, 708 So. 2d 289 (Fla. 4th DCA), review dismissed, 721 So. 2d 287 (Fla.1998), and Stone v. State, 688 So. 2d 1006 (Fla. 1st DCA), review denied, 697 So.…
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Paulk v. State, 765 So. 2d 147 (Fla. 1st DCA 2000)…“we will address the merits; and if we conclude that a Robinson issue exists and has not been preserved, “we will affirm without reaching the merits.” Id. In Leonard v. State, 760 So. 2d 114 (Fla.2000), the supreme court reviewed Leonard v. State, 731 So. 2d 2 (Fla. 2d DCA 1998), which it found directly conflicted with this court’s opinion in Stone on the question of whether section 924.051(4), Florida Statutes (Supp.1996), poses a jurisdictional bar to appellate review following the entry of a plea of gu…
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