DANIEL LAMONT SEPHES
v.
STATE OF FLORIDA
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A defendant convicted of felon in possession of a firearm cannot challenge the trial court's judgment notwithstanding the verdict on appeal when he failed to file a cross-appeal in a prior state appeal of that order.
[1] A defendant is barred by law of the case from challenging a trial court's judgment notwithstanding the verdict on appeal when the defendant failed to file a cross-appeal…
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Join FLexlaw to unlock all legal intelligenceDaniel Lamont Sephes was convicted of felon in actual possession of a firearm and sentenced to thirty years in prison. The trial court had entered a j…
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PER CURIAM. Affirmed. KLINGENSMITH and KUNTZ, JJ., concur. WARNER, J., concurs specially with opinion. WARNER, J., concurring specially.
Appellant challenges his conviction of felon in actual possession of a firearm and his sentence to thirty years in prison. He raises three issues, all of which are not meritorious. However, I would have affirmed based upon law of the case, as he failed to file a cross appeal in the prior state appeal of the trial court’s order entering a judgment notwithstanding the verdict.1 See Generazio v. State, 727 So. 2d 333, 335 (Fla. 4th DCA 1999).
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Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Generazio v. State, 727 So. 2d 333 (Fla. 4th DCA 1999)
- State v. Sephes, 262 So. 3d 811 (Fla. 4th DCA 2019)