MUBARAK QURESHI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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At the violation of probation hearing in this case, the trial judge found that appellant violated his probation by committing new substantive offenses. However, the written order of revocation of probation, which issued several days later, indicated that the basis for revocation was a failure to pay restitution, in addition to the commission of a new criminal offense.
Appellant did not file a motion to correct a sentencing error under Florida Rule of Criminal Procedure 3.800(b). See Jackson v. State, 983 So.2d 562, 572 (Fla.2008); Rivera v. State, 34 So.3d 207, 208 (Fla. 2d DCA 2010). By failing to file a Rule 3.800(b) motion, appellant waived this issue and cannot raise it on appeal. See Reese v. State, 763 So.2d 537, 539 (Fla. 4th DCA 2000).
Affirmed.
GROSS, TAYLOR and GERBER, JJ., concur.
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Rolling v. State, 218 So. 3d 911 (Fla. 3d DCA 2016)…3d at 681. Affirmed. . See State v. McBride, 848 So. 2d 287, 290-91 (Fla.2003) (holding that collateral estoppel preludes a defendant from rearguing in a successive 3.800 motion the same issue argued in a prior motion). . See Ramkelawan v. State, 152 So. 3d 680, 681 (Fla. 4th DCA 2014): Although we agree with the trial court’s ultimate conclusion that the petition warranted denial, we affirm for reasons other than those stated by the court. Robertson v. State, 829 So. 2d 901 (Fla.2002). "This longstanding…
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Authorities Cited
- Jackson v. State, 983 So. 2d 562 (Fla. 2008)
- Rivera v. State, 34 So. 3d 207 (Fla. 2d DCA 2010)
- Reese v. State, 763 So. 2d 537 (Fla. 4th DCA 2000)