TARVARIS KELLY, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Elbert N. Daniels v. State, 118 So. 3d 996 (Fla. 1st DCA 2013)
  …gment and sentence are ministerial in nature and, therefore, the appellant need not be present at sentencing. The problem is, however, that we cannot review the appellant’s unpreserved sentencing error claims on the merits. See Craighead v. State, 36 So. 3d 893 (Fla. 1st DCA 2010) (quoting Jackson v. State, 983 So. 2d 562, 569 (Fla.2008)). Claims that the written judgment and sentence do not conform to the oral pronouncement must be preserved either with a contemporaneous objection, if possible, or by fili…
• Dyana Martin v. LEE, 219 So. 3d 1024 (Fla. 1st DCA 2017)
  …story of being volatile. Without any additional evidence upon which to base its determination, the trial court granted Lee’s request. It is well settled that courts are not authorized to grant relief not requested in the pleadings. Causey v. Causey, 36 So. 3d 893, 893 (Fla. 1st DCA 2010) (citing Cardinal Inv. Grp. Inc. v. Giles, 813 So. 2d 262 (Fla. 4th DCA 2002)). It is clear, based on the record, that Lee did not request the no-contact order in the pleadings. Thus, that portion of the Final Judgment granti…
• Mustaq Sabry Khan v. State, 165 So. 3d 855 (Fla. 5th DCA 2015)
  …inal Procedure 3.800(b). As the court explained in Daniels v. State, 118 So. 3d 996, 997 (Fla. 1st DCA 2013): The problem is, however, that we cannot review the appellant’s unpreserved sentencing error claims on the merits. See Craighead v. State, 36 So. 3d 893 (Fla. 1st DCA 2010) (quoting Jackson v. State, 983 So. 2d 562, 569 (Fla.2008)). Claims that the written judgment and sentence do not conform to the oral pronouncement must be preserved either with a contemporaneous objection, if possible, or by fili…