LARRY SEXTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2003-08-27
No. 4D02-3089
WARNER, STEVENSON and GROSS, JJ., concur.
853 So. 2d 1102 Florida District Court of Appeal, Fourth District (2003) Caution
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Larry Sexton timely appeals from his June 28, 2002 resentencing, which effectively denied his motion for postconviction relief. We affirm. Sexton expressly waived all postconviction challenges in court and on the record before his last sentencing. This overcomes all of Sexton’s claims, including his argument that the trial court erred in relying on an allegedly incomplete transcript of his 1997 sentencing to determine the basis of his original plea agreement.

AFFIRMED.

WARNER, STEVENSON and GROSS, JJ., concur.


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  • Dep't OF Agric. & Consumer Servs. v. Bogorff, 35 So. 3d 84 (Fla. 4th DCA 2010)
    …; S. Bell Tel. & Tel. Co. v. Broward County, 665 So. 2d 272, 274 (Fla. 4th DCA 1995); NCNB Nat’l Bank of Fla. v. Aetna Cas. & Sur. Co., 477 So. 2d 579, 583 (Fla. 4th DCA 1985). . Easkold v. Rhodes, 614 So. 2d 495, 498 (Fla.1993); Vorsteg v. Thomas, 853 So. 2d 1102, 1103 (Fla. 4th DCA 2003). . Behm v. Div. of Admin., State Dept. of Transp., 336 So. 2d 579 (Fla.1976) (jury’s function is to weigh credibility and reliability of expert testimony; expert opinion is worth no more than reasons on which it is based;…
  • Martin Cnty. v. Polivka Paving, Inc., 44 So. 3d 126 (Fla. 4th DCA 2010)
    …nting records showed that it was never on standby. The contractor relies upon two other cases for its argument that the county waived its right by failing to object. The procedural postures of those cases are distinguishable. See Vorsteg v. Thomas, 853 So. 2d 1102, 1103 (Fla. 4th DCA 2003) (appellant never objected to sending evidence [*134] to jury on grounds later asserted on appeal); Horne v. Hudson, 772 So. 2d 556, 557 (Fla. 1st DCA 2000) (after denial of motion in limine, appellant never objected to evid…
  • …. Consequently, the bond posted by Century covers any delay damages. Century further asserts that assuming there was a basis on which to forfeit the bond, the award of damages was not based on competent, substantial evidence. See Vorsteg v. Thomas, 853 So. 2d 1102, 1103 (Fla. 4th DCA 2003). Additionally, “[i]n appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error.” Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150…

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