Benabe-Rivera v. State

Full title: ALEJANDRO D. BENABE-RIVERA, Appellant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Oct 4, 2013

Case No. 5D12-500 (Fla. Dist. Ct. App. Oct. 4, 2013)

Opinion

Case No. 5D12-500

2013-10-04

ALEJANDRO D. BENABE-RIVERA, Appellant, v. STATE OF FLORIDA, Appellee.

James S. Purdy, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

Appeal from the Circuit Court
for Orange County,
Mike Murphy, Judge.
James S. Purdy, Public Defender, and
Susan A. Fagan, Assistant Public
Defender, Daytona Beach, for Appellant.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Lori N. Hagan, Assistant
Attorney General, Daytona Beach, for
Appellee.
PER CURIAM.

Affirmed. See Brannon v. State, 850 So. 2d 452, 456 (Fla. 2003) (holding that "[f]or defendants whose initial briefs were filed after the effective date of rule 3.800(b)(2), the failure to preserve a fundamental sentencing error by motion under rule 3.800(b) or by objection during the sentencing hearing forecloses them from raising the error on direct appeal").

PALMER, ORFINGER and BERGER, JJ., concur.