CHARLES FAUSTIN
v.
STATE OF FLORIDA

Fla. 4th DCA | 2018-06-06
No. 17-1715
Backman, J., Gerber, C.J., Gross, J., Conner, J.
262 So. 3d 730 Florida District Court of Appeal, Fourth District (2018)

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Holding

An appeal raising sentencing issues should be dismissed without prejudice to allow the appellant to seek relief through the appropriate post-conviction remedies under Florida Rule of Criminal Procedure 3.800 or 3.850.

Headnotes

[1] Sentencing issues on direct appeal should be dismissed without prejudice to permit the defendant to seek relief through Florida Rule of Criminal Procedure 3.800 or 3.850.

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Facts & Procedural History

Charles Faustin appealed from a conviction and sentence imposed by the Circuit Court for Broward County.…

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Topics
Sentencing Appeal Criminal Procedure Motion For Rehearing Appellate Jurisdiction

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Opinion of the Court
Gerber

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

CHARLES FAUSTIN, Appellant,

v.

STATE OF FLORIDA, Appellee.

No. 4D17-1715

[June 6, 2018]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Paul L. Backman, Judge; L.T. Case No. 09- 004654CF10D.

Antony P. Ryan, Regional Counsel, and Louis G. Carres, Special Assistant Conflict Counsel, Office of Criminal Conflict and Civil Regional Counsel, Fourth District, West Palm Beach, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We dismiss this appeal without prejudice for appellant to seek relief on the sentencing issue under Florida Rule of Criminal Procedure 3.800 or 3.850.

GERBER, C.J., GROSS and CONNER, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.

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