MATTHEW THOGODE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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GRIFFIN, C.J.
Matthew Thogode [“defendant”] appeals his judgments and sentences for three counts of sexual battery upon a person less than twelve years of age, one count of attempted sexual battery upon a person less than twelve years of age, and two counts of committing lewd and lascivious acts upon a child. He received three life s'entences for the sexual batteries.
Defendant was sentenced to 22.3 years in prison for the attempted sexual battery, and 15 years in prison for each lewd act, all to be served consecutively. We find no error that would warrant reversal of the convictions. Appellant contends for the first time on appeal that it was error to make the sentences for the non-capital crimes consecutive because they constitute an upward departure sentence without written reasons. It is not claimed that this error is fundamental. Even if it were a fundamental error, it cannot be raised first on appeal. Maddox v. State, 708 So. 2d 617 (Fla. 5th DCA), revieiv granted, 718 So. 2d 169 (Fla.1998).
AFFIRMED.
COBB and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Maddox v. State, 760 So. 2d 89 (Fla. 2000)…749 So. 2d 504 (Fla.1999) (Case No. 96,671) Sentence Exceeding Statutory Maximum Terry v. State, 727 So. 2d 1124 (Fla. 5th DCA), review granted, 735 So. 2d 1287 (Fla.1999) (Cáse No. 95,149) Sentence Exceeding Statutory Maximum Thogode v. State, 731 So. 2d 114 (Fla. 5th DCA), review granted, 740 So. 2d 529 (Fla.1999) (Case No. 95,665) Departure Sentence Thomas v. State, 725 So. 2d 1148 (Fla. 2d DCA 1998), review granted, 729 So. 2d 396 (Fla.1999) (Case No. 94,469) Deviation From Oral Pronouncement Tib…
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Thogode v. State, 763 So. 2d 281 (Fla. 2000)…PER CURIAM. We have for review the decision in Thogode v. State, 731 So. 2d 114 (Fla. 5th DCA 1999), in which the Fifth District cited as controlling authority its opinion in Maddox v. State, 708 So. 2d 617 (Fla. 5th DCA 1998), approved in part, disapproved in part, 760 So. 2d 89 (Fla.2000). We have jurisdiction. See art. V, §…
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Ervin v. State, 742 So. 2d 863 (Fla. 5th DCA 1999)…PER CURIAM. AFFIRMED. Thogode v. State, 731 So. 2d 114 (Fla. 5th DCA 1999), rev. granted, No. 95,665, 740 So. 2d 529 (Fla. Aug. 24, 1999), Maddox v. State, 708 So. 2d 617 (Fla. 5th DCA 1998), rev. granted, 728 So. 2d 203 (Fla.1999). ANTOON, C.J., DAUKSCH and PETERSON, JJ., concur.…
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- Maddox v. State, 708 So. 2d 617 (Fla. 5th DCA 1998)