KEN WILCOX
v.
STATE OF FLORIDA
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Appellant's conviction for robbery and battery on a person sixty-five years of age or older is affirmed.
[1] A sentencing issue not raised by objection at the sentencing hearing or by a Florida Rule of Criminal Procedure 3.800(b) motion is not preserved for appellate review on d…
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Join FLexlaw to unlock all legal intelligence“A sentencing issue that has not been raised in the trial court either by an objection at the sentencing hearing or in a subsequent [Florida Rule of Criminal Procedure] 3.800(b) motion will not be addressed on direct appeal.”
Judge Lambert's concurring opinion explaining the preservation requirement for sentencing issues
Ken Wilcox was convicted at trial of robbery and battery on a person sixty-five years of age or older in St. Johns County.…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
KEN WILCOX,
Appellant,
v. Case No. 5D20-425
STATE OF FLORIDA,
Appellee.
________________________________/
Decision filed February 5, 2021
Appeal from the Circuit Court for St. Johns County, Howard M. Maltz, Judge.
Matthew J. Metz, Public Defender, and Edward
J.
Weiss, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
AFFIRMED.
COHEN and EISNAUGLE, JJ., concur. LAMBERT, J., concurring with opinion.
2
LAMBERT, J., concurring. 5D20-425
Appellant was convicted at trial of robbery and battery on a person sixty-five years of age or older. I concur in the affirmance of Appellant’s judgment and sentences and would note that any claim of error by Appellant in the sentencing documents has not been preserved for appellate review. See Carter v. State, 791 So. 2d 525, 526–27 (Fla. 1st DCA 2001) (“A sentencing issue that has not been raised in the trial court either by an objection at the sentencing hearing or in a subsequent [Florida Rule of Criminal Procedure] 3.800(b) motion will not be addressed on direct appeal. The procedure established by rule 3.800(b) enables the parties to object to sentencing errors that were not apparent at the time of the sentencing hearing.” (internal citation omitted) (citing Amendments to Fla. Rules of Criminal Procedure 3.111(e) & 3.800 & Fla. Rules of Appellate Procedure, 9.020(h), 9.140, & 9.600, 761 So. 2d 1015, 1016 (Fla. 1999))).
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Citator
Authorities Cited
- Amendments TO Fla. Rules OF Crim. Procedure 3.111(e) & 3.800 & Fla. Rules OF App. Procedure 9.020(h), 791 So. 2d 525 (Fla. 2001)