LASUNDRA A. HARLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
[*832] CANADY, Judge.
Lasundra Harley appeals her conviction for aggravated child abuse after a jury trial, as well as her sixty-two month prison sentence. We affirm her conviction without comment. We affirm Harley’s sentence because her claim of vindictive sentence was not preserved for appeal. She did not object or raise the specific issue at sentencing, and she did not file a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b). See Brannon v. State, 850 So. 2d 452, 456 (Fla.2003) (holding that “failure to preserve a fundamental sentencing error by motion under rule 3.800(b) or by objection during the sentencing hearing forecloses [a defendant] from raising the error on direct appeal”).
Affirmed.
NORTHCUTT and SALCINES, JJ„ Concur.
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Jackson v. State, 983 So. 2d 562 (Fla. 2008)…5. The district court explained that it had “classified a claim of constitutional error affecting a sentencing proceeding as a claim of sentencing error which must be preserved in order to be raised on appeal.” Id. at 614-15 (citing Harley v. State, 924 So. 2d 831, 832 (Fla. 2d DCA 2005)). The district court concluded that any error that affects the sentencing proceeding is subject to rules 3.800(b) and 9.140(e) and, therefore, Jackson’s failure to file a rule 3.800(b) motion precluded appellate review. The c…
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Hannum v. State, 13 So. 3d 132 (Fla. 2d DCA 2009)…art, reversed in part, and remanded. FULMER and WHATLEY, JJ., Concur. . We recognize that this court has previously suggested that rule 3.800(b)(2) was the proper mechanism for preserving such a challenge to a sentence. See, e.g., Harley v. State, 924 So. 2d 831, 832 (Fla. 2d DCA 2005). However, the supreme court has since clarified the scope of rule 3.800(b)(2), in Jackson v. State, 983 So. 2d 562 (Fla.2008), thus requiring reconsideration of our previous holdings on the matter of what constitutes a senten…
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Maximiuano Mendez v. State, 28 So. 3d 948 (Fla. 2d DCA 2010)…ly, we reverse and remand for resentencing before a different judge. See Wilson, 845 So. 2d at 159; Harris, 903 So. 2d at 366-67. Reversed and remanded. NORTHCUTT and KHOUZAM, JJ., Concur. . We recognize that our prior holding in Harley v. State, 924 So. 2d 831, 832 (Fla. 2d DCA 2005), that a vindictive sentence claim may be preserved for appeal in a motion to correct sentencing error is no longer good law in light of Jackson, 983 So. 2d 562. See Hannum, 13 So. 3d at 135 n. 1.…
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- Brannon v. State, 850 So. 2d 452 (Fla. 2003)