Manning v. State
Cases that cite this one
4 later published cases cite this decision.
- Queen v. Clearwater Elec., Inc. (Fla. Dist. Ct. App. 1990)
- Knight v. State (Fla. Dist. Ct. App. 1987)
- Brady v. State (Fla. Dist. Ct. App. 1987)
- Davis v. State (Fla. Dist. Ct. App. 1986)
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
Peter MANNING, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Fourth District.
Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Robert L. Teitler, Asst. Atty. Gen., West Palm Beach, for appellee.
PER CURIAM.
Appellant "affirmatively selected" to be sentenced by the trial court under the sentencing guidelines. See § 921.001, Fla. Stat. (1983); Fla.R.Crim.P. 3.701. On appeal he challenges for the first time the constitutionality of the application of the above cited statute to the facts of his case. Only challenges which allege facial unconstitutionality of a statute raise a question as to subject matter jurisdiction and are therefore arguable, as fundamental, for the first time on appeal. Thus, the instant challenge was waived by the failure to raise it in the trial court. Trushin v. State, 425 So.2d 1126 (Fla. 1983); Alexander v. State, 450 So.2d 1212 (Fla. 4th DCA 1984).
ANSTEAD, C.J., and HERSEY and GLICKSTEIN, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.