LUBENS FLEURIMA
v.
STATE OF FLORIDA

Fla. 5th DCA | 2023-11-22
No. 23-1652
Young, J., Traver, C.J., Wozniak, J., Brownlee, J.
Florida District Court of Appeal, Fifth District (2023)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

Fundamental error is not an exception to the preservation requirement of Florida Rule of Appellate Procedure 9.140(b)(2)(A)(ii)c. when a defendant has entered a voluntary plea.


Headnotes

[1] Fundamental error does not constitute an exception to the preservation requirement of Florida Rule of Appellate Procedure 9.140(b)(2)(A)(ii)c. …

Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“fundamental error is not exception to preservation requirement of Florida Rule of Appellate Procedure 9.140(b)(2)(A)(ii)c., when defendant has entered voluntary plea”

The court's citation to State v. Dortch, 317 So. 3d 1074, 1084 (Fla. 2021)

Facts & Procedural History

Lubens Fleurima appealed from a circuit court judgment in Osceola County. The case was transferred from the Fifth District Court of Appeal to the Sixt…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court

PER CURIAM.

AFFIRMED. See State v. Dortch, 317 So. 3d 1074, 1084 (Fla. 2021) (holding that fundamental error is not exception to preservation requirement of Florida Rule of Appellate Procedure 9.140(b)(2)(A)(ii)c., when defendant has entered voluntary plea). 1 TRAVER, C.J., and WOZNIAK and BROWNLEE, JJ., concur.

This case was transferred from the Fifth District Court of Appeal to this

1 Court on January 1, 2023.

Howard L. “Rex” Dimmig, II, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Whitney Brown Hartless, Assistant Attorney General, Daytona Beach, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING

AND DISPOSITION THEREOF IF TIMELY FILED

2


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw