MICHAEL SIMMONS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MICHAEL SIMMONS, APPELLANT,
STATE OF FLORIDA, APPELLEE
965 So. 2d 857
Florida District Court of Appeal, First District (2007)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
In this direct appeal, Appellant argues that the trial court erred in revoking his probation based upon new law violations that were not charged in the affidavit of violation of probation. However, Appellant neither lodged contemporaneous objection to the revocation nor filed a Florida Rule of Criminal Procedure 3.800(b) motion to preserve this error for appeal. Brannon v. State, 850 So. 2d 452, 456 (Fla.2003) (holding that all sentencing errors must be preserved); Jones v. State, 876 So. 2d 642, 644-45 (Fla. 1st DCA 2004) (holding that revocation of probation is merely an extension of a sentencing proceeding). Therefore, we affirm the trial court’s revocation of Appellant’s probation.
AFFIRMED.
ALLEN, DAVIS, and BENTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Davis v. State, 969 So. 2d 1127 (Fla. 1st DCA 2007)…y by hearsay. This court has repeatedly held that sentencing errors such as the error raised here must be preserved by contemporaneous objection or by motion filed pursuant to rule 3.800(b), Florida Rules of Criminal Procedure. See Simmons v. State, 965 So. 2d 857 (Fla. 1st DCA 2007); Griffin v. State, 958 So. 2d 1000 (Fla. 1st DCA 2007); Woodard v. State, 946 So. 2d 1186 (Fla. 1st DCA 2006); Brown v. State, 935 So. 2d 593 (Fla. 1st DCA 2006); Telfair v. State, 903 So. 2d 257 (Fla. 1st DCA 2005); Evans v. Sta…
Authorities Cited
- Brannon v. State, 850 So. 2d 452 (Fla. 2003)
- Loring Spencer Jones v. State, 876 So. 2d 642 (Fla. 1st DCA 2004)