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Florida District Courts of Appeal, 2009

Barahona v. State

Barahona v. State
Florida District Courts of Appeal · Decided May 29, 2009 · No. 5D07-4293 · Sawaya, Monaco, Cohen
10 So. 3d 706; 2009 Fla. App. LEXIS 6527; 2009 WL 1490699 (Southern Reporter, Third Series)
Barahona v. State

Opinion

10 So.3d 706 (2009)

Allan O. BARAHONA, Appellant/Cross-Appellee,
v.
STATE of Florida, Appellee/Cross-Appellant.

No. 5D07-4293.

District Court of Appeal of Florida, Fifth District.

May 29, 2009.

James S. Purdy, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant/Cross-Appellee.

Bill McCollum, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee/Cross-Appellant.

PER CURIAM.

AFFIRMED.

SAWAYA, and MONACO, JJ., concur, and COHEN, J., concurs specially, with opinion.

COHEN, J., concurring specially.

I write simply to note that the State's cross appeal raising the failure of the trial court to adjudicate and sentence the appellant as to Count 4 of the information was not briefed and thus was waived. See Barrett v. Barrett, 951 So.2d 24 (Fla. 5th DCA 2007).

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