DEVON WASHINGTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2015-07-29
No. 1D14-2188
ROBERTS, C.J., BENTON, and LEWIS, JJ., concur.
168 So. 3d 1290 Florida District Court of Appeal, First District (2015) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. See Jackson v. State, 983 So.2d 562, 565, 572 (Fla.2008) (requiring that “the defendant must either object at [sentencing] or file a post-sentence motion under rule 3.800(b)” to obtain review of sentencing errors subject to correction under Florida Rule of Criminal Procedure 3.800(b), including situations where “the sentence exceeds the statutory maximum”); Hope v. State, 134 So.3d 1044, 1046-47 (Fla. 1st DCA 2013).

ROBERTS, C.J., BENTON, and LEWIS, JJ., concur.


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  • Taylor v. State, 205 So. 3d 866 (Fla. 4th DCA 2016)
    …ulation violate the prohibition against double jeopardy as “the elements of domestic battery by strangulation subsume the elements of simple battery, and both convictions stemmed from [Ajppellant’s single act of choking the victim.” Pottle v. State, 168 So. 3d 1290, 1290 (Fla. 1st DCA 2015). See also Thompson v. State, 123 So. 3d 1188, 1188 (Fla. 4th DCA 2013); Ramirez v. State, 113 So. 3d 105, 108 (Fla. 5th DCA 2013). We therefore reverse and remand for the trial court to vacate Appellant’s conviction and sen…

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