LLOYD K NORMAN
v.
STATE OF FLORIDA

Fla. 1st DCA | 2024-11-27
No. 1D2023-1069
Johnson, J., Osterhaus, C.J., Lewis, J., Winokur, J.
318 So. 3d 654 2024 FL 13339 Florida District Court of Appeal, First District (2024) Positive Treatment
Cited by 6 cases

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Holding

A defendant's failure to file a motion under Florida Rule of Criminal Procedure 3.800(b) results in waiver of a claim that the trial court failed to make written findings on whether the defendant posed a danger to the community as required by section 948.06(8)(e), Florida Statutes.

Headnotes

[1] A defendant waives a claim that the trial court failed to make written findings on whether the defendant posed a danger to the community under section 948.06(8)(e), Flori…

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Facts & Procedural History

Lloyd K Norman appealed a trial court judgment from Columbia County. The trial court allegedly failed to make written findings on whether Norman posed…

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Topics
Preservation Of Error

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Opinion of the Court

PER CURIAM.

AFFIRMED. See Holton v. State, 318 So. 3d 654, 657–58 (Fla. 1st DCA 2021) (acknowledging that the trial court failed to make written findings on whether the appellant posed a danger to the community, as required by section 948.06(8)(e), Florida Statutes, but rejecting the claim because of the appellant’s failure to preserve it by filing a motion pursuant to Florida Rule of Criminal Procedure 3.800(b)).

OSTERHAUS, C.J., and LEWIS and WINOKUR, JJ., concur. _____________________________

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

_____________________________

Jessica J. Yeary, Public Defender, and Tyler Kemper Payne, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Julian E. Markham, Assistant Attorney General, Tallahassee, for Appellee.

2

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Norman v. State, 318 So. 3d 654 (Fla. 1st DCA 2024)
  • Shayeon Swain v. State (Fla. 3d DCA 2023)
    …as first been brought to the attention of the lower tribunal: (1) at the time of sentencing; or (2) by motion pursuant to Florida Rule of Criminal Procedure 3.800(b)”); Brannon v. State, 850 So. 2d 452 (Fla. 2003); Holton v. State, ---PAGE 7--- 318 So. 3d 654 (Fla. 1st DCA 2021) (by not filing a motion to correct sentencing error pursuant to 3.800(b), defendant failed to preserve for appellate review his claim that trial court erred in failing to make statutorily required findings of dangerousness und…
  • Hornsby v. State (Fla. 1st DCA 2023)
    …PER CURIAM. DISMISSED. Forsythe v. State, 318 So. 3d 654 (Fla. 1st DCA 2021). ROBERTS, RAY, and KELSEY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Jessica J. Yeary, Pub…

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