ELLIS D. BELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2005-03-24
No. 5D03-3762
THOMPSON, PLEUS and MONACO, JJ., concur.
895 So. 2d 1290 Florida District Court of Appeal, Fifth District (2005) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm because a claim under Florida Rule of Criminal Procedure 3.700(c)(1) that a defendant should have been sentenced by the judge who accepted the plea must be preserved to be cognizable on appeal. See Davis v. State, 677 So. 2d 1366 (Fla. 4th DCA 1996).

AFFIRMED.

THOMPSON, PLEUS and MONACO, JJ., concur.


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  • Summerlin v. State, 901 So. 2d 997 (Fla. 2d DCA 2005)
    …ssing this issue. The State has responded that the issue is not preserved for appeal. We agree. A claim that a defendant should have been sentenced by the judge who accepted the plea must be preserved to be cognizable on appeal. See Bell v. State, 895 So. 2d 1290 (Fla. 5th DCA 2005). At the sentencing hearing, Mr. Summerlin’s counsel did not object to the successor judge imposing the sentences. This issue might have been preserved by the filing of a motion to correct sentencing error. See Snyder v. State, 87…
  • Acee v. State, 935 So. 2d 1258 (Fla. 5th DCA 2006)
    …PER CURIAM. AFFIRMED. See Bell v. State, 895 So. 2d 1290 (Fla. 5th DCA 2005) (holding “a claim ... that a defendant should have been sentenced by the judge who accepted the plea must be preserved to be cognizable on appeal”); Davis v. State, 783 So. 2d 288, 289 (Fla. 5th DCA 2001) (“The withdrawal of a gu…
  • Crall v. State, 961 So. 2d 1043 (Fla. 5th DCA 2007)
    …trial court either to attach portions of the record supporting its denial of relief on Mr. Crall’s claim that his trial counsel was ineffective in failing to move to suppress his confession, or to hold an evidentiary hearing. See Eastwood v. State, 895 So. 2d 1290 (Fla. 5th DCA 2005); Edwards v. State, 888 So. 2d 153 (Fla. 5th DCA 2004). REVERSED and REMANDED. PALMER, C.J. and THOMPSON J., concur.…

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