CHADRICK A. HALL
v.
STATE OF FLORIDA

Fla. 1st DCA | 2019-09-23
No. 18-4206
Florida District Court of Appeal, First District (2019)

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Holding

Sentencing issues cannot be reviewed on appeal where the appellant failed to preserve the issue through a timely 3.800(b) motion.


Headnotes

[1] A habitual felony offender designation and discrepancies between oral sentence pronouncement and written judgment cannot be reviewed on appeal absent preservation through…

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Facts & Procedural History

Chadrick A. Hall appealed his conviction and sentence from the Circuit Court for Alachua County, raising challenges to his habitual felony offender de…

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Opinion of the Court

September 23, 2019 PER CURIAM.

AFFIRMED. See Brannon v. State, 850 So. 2d 452, 456 (Fla. 2003) (finding that habitual felony offender designation could not be reviewed in the absence of filing a 3.800(b) motion preserving the issue); Daniels v. State, 118 So. 3d 996 (Fla. 1st DCA 2013) (holding that a discrepancy between the oral sentence pronouncement and the written judgment and sentence could not be corrected where the appellant did not preserve the sentencing error).

B.L. THOMAS, ROWE, and OSTERHAUS, JJ., concur.

2

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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