BRYCE K. KENNEDY
v.
STATE OF FLORIDA
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A challenge to a sentence based on Graham v. Florida raised for the first time in an appellant's initial brief, rather than in the motion filed below, is not properly before the appellate court.
[1] An issue not raised in a motion filed in the trial court but raised for the first time in an appellant's initial brief on appeal is not properly before the appellate cour…
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Join FLexlaw to unlock all legal intelligenceBryce K. Kennedy filed a Rule 3.800 motion in the trial court to correct an allegedly illegal sentence. In his initial appellate brief, Kennedy raised…
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Appeal of order denying rule 3.800 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Dennis D. Bailey, Judge; L.T. Case Nos. 04-6635 CF10A, 04-6692 CF10B, 04-7771 CF10A, 04-7770 CF10A, 04-7008 CF10A. Bryce K. Kennedy, Raiford, pro se. No appearance required for appellee. PER CURIAM. We affirm the trial court order denying appellant’s motion to correct illegal sentence. In his initial brief, appellant raised for the first time a challenge to his sentences based on Graham v. Florida, 560 U.S. 48 (2010). It was not part of his motion filed below. Accordingly, we affirm without prejudice to his right to raise that challenge by proper motion in the trial court. Cotto v. State, 141 So. 3d 615, 616 n.1 (Fla. 4th DCA 2014) (citing Atwell v. State, 128 So. 3d 167, 169 (Fla. 4th DCA 2013)).
GROSS, DAMOORGIAN and KLINGENSMITH, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Graham v. Florida (1st Cir. 2010)
- Atwell v. State, 128 So. 3d 167 (Fla. 4th DCA 2013)
- Cotto v. State, 141 So. 3d 615 (Fla. 4th DCA 2014)