Florida District Courts of Appeal, 2001

Pooler v. State

Florida District Courts of Appeal · Decided March 14, 2001 · Blue, Salcines, Stringer

794 So. 2d 623; 2001 Fla. App. LEXIS 3181; 2001 WL 245743 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Finan v. State (Fla. Dist. Ct. App. 2001)

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

BLUE, Acting Chief Judge.

James A. Pooler argues that the trial court erred by sentencing him under the 1995 guidelines, which were declared unconstitutional in Heggs v. State, 759 So.2d 620 (Fla. 2000), for offenses that occurred between October 1, 1995, and May 24, 1997, see Trapp v. State, 760 So.2d 924 (Fla. 2000). Although the State concedes error, we conclude that Pooler has faded to preserve this issue pursuant to Florida Rule of Appellate Procedure 9.140(d). Accordingly, we affirm. Pooler may raise this issue in a motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a).

Affirmed.

SALCINES and STRINGER, JJ„ concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.