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Adams v. State

District Court of Appeal of Florida, Second District
Jan 5, 2001
774 So. 2d 941 (Fla. Dist. Ct. App. 2001)

Summary

explaining that claims not raised in the postconviction motion presented to the lower court are not preserved for appeal

Summary of this case from Ruiz v. State

Opinion

No. 2D00-3384.

January 5, 2001.

Appeal pursuant to Fla.R.App.P.9.141(b)(2) from the Circuit Court for Hendry County; G. Keith Cary, Judge.


Gary Adams appeals the summary denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We affirm the circuit court's order without discussion. However, in his initial brief Adams raised additional arguments that his sentence was illegal which were not raised before the circuit court in his motion. This court cannot address claims raised for the first time on appeal. Therefore, this affirmance is without prejudice to Adams' ability, if any, to raise these additional arguments by way of motion in the circuit court.

Affirmed.

ALTENBERND, A.C.J., and NORTHCUTT and SALCINES, JJ., concur.


Summaries of

Adams v. State

District Court of Appeal of Florida, Second District
Jan 5, 2001
774 So. 2d 941 (Fla. Dist. Ct. App. 2001)

explaining that claims not raised in the postconviction motion presented to the lower court are not preserved for appeal

Summary of this case from Ruiz v. State

explaining that an appellate court cannot address claims raised for the first time on appeal

Summary of this case from Padilla v. State
Case details for

Adams v. State

Case Details

Full title:GARY ADAMS, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Jan 5, 2001

Citations

774 So. 2d 941 (Fla. Dist. Ct. App. 2001)

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