Florida District Courts of Appeal, 1998

Tucker v. State

Florida District Courts of Appeal · Decided December 2, 1998 · Blue, Casanueva, Threadgill

724 So. 2d 139; 1998 Fla. App. LEXIS 15050; 1998 WL 830659 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Gaines v. State (Fla. Dist. Ct. App. 1998)

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Opinion of the Court

THREADGILL, Acting Chief Judge.

Herman Tucker appeals a sentence imposed upon resentencing after appeal. He claims the sentence was erroneously enhanced by a law enforcement protection multiplier, which was included on the sentencing guidelines scoresheet pursuant to section 921.0014(1), Florida Statutes (1995). The State concedes that the law enforcement protection multiplier was improperly applied in this case. Tucker failed to first raise this issue in the trial court as required by Florida Rule of Appellate Procedure 9.140(d). We, therefore, affirm without prejudice to Tucker to file a motion to correct his sentence pursuant to Florida Rule of Criminal Procedure 3.800(a).

Affirmed.

BLUE and CASANUEVA, JJ., concur.

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