Florida District Courts of Appeal, 1981

O'Berry v. State

Florida District Courts of Appeal · Decided December 9, 1981 · Cobb, Sharp, Upchurch

406 So. 2d 1251; 1981 Fla. App. LEXIS 21899 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Walcott v. State (Fla. Dist. Ct. App. 1984)
Jones v. State (Fla. Dist. Ct. App. 1982)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

SHARP, Judge.

In appealing his judgment and sentence for sexual battery, appellant asserts two procedural trial errors and also contends he should have been sentenced as a youthful offender pursuant to Chapter 958, Florida Statutes (1979). We find no merit to appellant’s first two objections and further determine he failed to present his sentencing argument to the trial court. Accordingly the judgment and sentence are affirmed without prejudice to appellant’s right to *1252seek appropriate relief, e.g., through Florida Rule of Criminal Procedure 3.850. See Rubasky v. State, 401 So.2d 894 (Fla. 5th DCA 1981); Dunman v. State, 400 So.2d 838 (Fla. 5th DCA 1981).

COBB and FRANK D. UPCHURCH, Jr., JJ., concur.

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