DEMETRIUS DERRICO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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NORTHCUTT, Judge.
Demetrius Derrico appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the denial of claims one through four without further discussion. In claim five, Der-rico contended that his sentencing score-sheet was incorrectly calculated, but he did not specifically allege the error was apparent on the face of the record. The postcon-viction court denied the claim as facially insufficient. See Reaves v. State, 593 So. 2d 1150, 1151 (Fla. 1st DCA 1992).
On appeal, Derrico has advanced additional arguments regarding claim five that were not raised before the postconviction court in his rule 3.800(a) motion. However, this court cannot address claims asserted for the first time on appeal. See Adams v. State, 774 So. 2d 941 (Fla. 2d DCA 2001). Accordingly, we affirm the denial of claim five without prejudice to Derrico’s ability, if any, to make these additional arguments by way of motion in the circuit court.
Affirmed.
SALCINES and SILBERMAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Aponte v. State, 216 So. 3d 685 (Fla. 2d DCA 2017)…lude that the postconviction court did not err in denying relief and affirm. However, we note that Mr. Aponte raised an issue on appeal that he had not raised in his rule 3.800(a) motion. Therefore, we cannot address the issue. See Derrico v. State, 924 So. 2d 970, 970 (Fla. 2d DCA 2006) (“[T]his court cannot address claims asserted for the first time on appeal.”). Our decision is without prejudice to any right Mr. Aponte may have to file a facially sufficient motion under rule 3.800(a) challenging the imposi…
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Torres v. State, 257 So. 3d 439 (Fla. 2d DCA 2018)
Authorities Cited
- Reaves v. State, 593 So. 2d 1150 (Fla. 1st DCA 1992)
- Adams v. State, 774 So. 2d 941 (Fla. 2d DCA 2001)