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Benabe-Rivera v. State

District Court of Appeal of Florida, Fifth District.
Nov 15, 2013
125 So. 3d 303 (Fla. Dist. Ct. App. 2013)

Opinion

No. 5D12–500.

2013-11-15

Alejandro D. BENABE–RIVERA, Appellant, v. STATE of Florida, Appellee.

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.


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.


Summaries of

Benabe-Rivera v. State

District Court of Appeal of Florida, Fifth District.
Nov 15, 2013
125 So. 3d 303 (Fla. Dist. Ct. App. 2013)
Case details for

Benabe-Rivera v. State

Case Details

Full title:Alejandro D. BENABE–RIVERA, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Fifth District.

Date published: Nov 15, 2013

Citations

125 So. 3d 303 (Fla. Dist. Ct. App. 2013)