SMITH
v.
STATE OF FLORIDA

Fla. 1st DCA | 2024-02-28
No. 2022-0704
2024 FL 2015 Florida District Court of Appeal, First District (2024)

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Holding

To raise sentencing errors on appeal, even those involving fundamental error, a defendant must first file a motion under rule 3.800(b).


Headnotes

[1] A defendant must file a motion under rule 3.800(b) to preserve sentencing errors for appellate review, and this procedural requirement applies even when the alleged error…

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Facts & Procedural History

Riley Adair Smith appealed from a judgment in Escambia County Circuit Court. The appeal concerned alleged sentencing errors.…

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Opinion of the Court

August 9, 2023 PER CURIAM.

AFFIRMED. See Jackson v. State, 983 So. 2d 562, 569 (Fla. 2008) (noting that “for sentencing errors, to raise even fundamental error on appeal, defendants must first file a motion under rule 3.800(b)”). ROWE, KELSEY, and TANENBAUM, JJ., concur.

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


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