DANIEL LAMONT SEPHES
v.
STATE OF FLORIDA

Fla. 4th DCA | 2020-05-06
No. 19-1449
Florida District Court of Appeal, Fourth District (2020)

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Holding

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.


Headnotes

[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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Facts & Procedural History

Daniel 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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Opinion of the Court

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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Footnotes
1 State v. Sephes, 262 So. 3d 811, 814 (Fla. 4th DCA 2019).

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