MARC BOOKER
v.
STATE OF FLORIDA
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An appellate argument challenging the sufficiency of factual findings supporting a violent felony offender of special concern designation is not preserved for review when the defendant raised only a different argument below regarding the absence of a written order.
[1] An appellate argument not raised or ruled upon in the trial court is not preserved for appellate review unless the specific legal argument or ground to be argued on appea…
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Join FLexlaw to unlock all legal intelligence“must be presented to the lower court and the specific legal argument or ground to be argued on appeal must be part of that presentation”
The court cited Tillman v. State, 471 So. 2d 32, 35 (Fla. 1985) for the standard that an issue must be presented to the lower court with the specific legal argument to be raised on appeal as part of that presentation.
Marc Booker was placed on probation after pleading no contest to aggravated assault. He violated probation by being charged with fleeing and eluding p…
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FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 5D2023-1024 LT Case No. 2020-CF-002859-A _____________________________
MARC BOOKER,
Appellant,
v.
STATE OF FLORIDA,
Appellee. _____________________________
On appeal from the Circuit Court for Seminole County. Melissa Souto, Judge.
Matthew J. Metz, Public Defender, and Joseph Chloupek, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Alyssa M. Williams, Assistant Attorney General, Daytona Beach, for Appellee.
August 30, 2024
EDWARDS, C.J.
Appellant, Marc Booker, appeals the trial court’s order entered on June 26, 2023, revoking his probation and sentencing him to 15.3 months in state prison as it found Appellant to be a violent offender of special concern pursuant to section 948.06(8)(e), Florida Statutes. Below, Appellant filed a Florida Rule of Criminal
Appellant presents this Court with a new argument on appeal, one not raised or ruled on below. The new argument is that the trial court’s oral pronouncement and written sentencing order contain insufficient factual findings supporting Appellant’s designation as a violent felony offender of special concern. In order for an issue to be preserved for appellate review, it “must be presented to the lower court and the specific legal argument or ground to be argued on appeal must be part of that presentation.” Tillman v. State, 471 So. 2d 32, 35 (Fla. 1985). We find the argument first raised on appeal was not preserved for appellate review and accordingly, we affirm.1
AFFIRMED.
SOUD and BOATWRIGHT, JJ., concur.
1 Were we inclined to find the issue preserved, we might note that Appellant pled no contest to aggravated assault, a reduction from the original burglary with a battery charge. His violation of probation was based, in part, on him being charged with fleeing and eluding police and reckless driving in both Orange and Osceola counties. During this fleeing escapade and while driving at high speed, he nearly struck another vehicle. However, no further discussion is needed as the issue was not preserved.
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________