Florida District Courts of Appeal, 2013

Benabe-Rivera v. State

Benabe-Rivera v. State
Florida District Courts of Appeal · Decided October 4, 2013 · Berger, Orfinger, Palmer
125 So. 3d 303; 2013 WL 5493484; 2013 Fla. App. LEXIS 15624 (Southern Reporter, Third Series)

Benabe-Rivera v. State

Opinion of the Court

PER CURIAM.

Affirmed. See Brannon v. State, 850 So.2d 452, 456 (Fla. 2003) (holding that “[f]or defendants whose initial briefs were filed after the effective date of rule 3.800(b)(2), the failure to preserve a fundamental sentencing error by motion under rule 3.800(b) or by objection during the sentencing hearing forecloses them from raising the error on direct appeal”).

PALMER, ORFINGER and BERGER, JJ., concur.

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