CHAPMAN v. STATE, 146 So.3d 1291 (2014)
Court: Court of Appeals of Florida
Number: inflco20140923169
Visitors: 6
Filed: Sep. 23, 2014
Latest Update: Sep. 23, 2014
Summary: PER CURIAM. Appellant challenges the imposition of a suspended sentence of five years' incarceration for his conviction of driving without a license (habitual offender). Appellant asserts that his suspended sentence is not a "nonstate prison sanction" and is, therefore, an upward departure in violation of section 775.082(10), Florida Statutes (2013). Because this argument was not raised during either the sentencing hearing or via a Florida Rule of Criminal Procedure 3.800(b)(2) motion, it is un
Summary: PER CURIAM. Appellant challenges the imposition of a suspended sentence of five years' incarceration for his conviction of driving without a license (habitual offender). Appellant asserts that his suspended sentence is not a "nonstate prison sanction" and is, therefore, an upward departure in violation of section 775.082(10), Florida Statutes (2013). Because this argument was not raised during either the sentencing hearing or via a Florida Rule of Criminal Procedure 3.800(b)(2) motion, it is unp..
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PER CURIAM.
Appellant challenges the imposition of a suspended sentence of five years' incarceration for his conviction of driving without a license (habitual offender). Appellant asserts that his suspended sentence is not a "nonstate prison sanction" and is, therefore, an upward departure in violation of section 775.082(10), Florida Statutes (2013). Because this argument was not raised during either the sentencing hearing or via a Florida Rule of Criminal Procedure 3.800(b)(2) motion, it is unpreserved and this court cannot reach the question. Appellant's judgment and sentence are AFFIRMED.
WOLF, ROWE, and OSTERHAUS, JJ., concur.
Source: Leagle
