MICHAEL ALLEN GUNN
v.
STATE OF FLORIDA
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An unpreserved challenge to a sentence cannot be addressed on direct appeal but may be raised through a postconviction motion under Florida Rule of Criminal Procedure 3.800(b).
[1] Sentencing claims, including those asserting fundamental error, must be preserved for appellate review by objection during sentencing or by motion under Florida Rule of C…
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Join FLexlaw to unlock all legal intelligence“for sentencing errors, to raise even fundamental error on appeal, defendants must first file a motion under [Florida Rule of Criminal Procedure] 3.800(b).”
Court citing Gordon v. State to establish preservation requirement for sentencing claims.
Michael Allen Gunn appealed his conviction. Gunn raised a sentencing challenge that was not preserved during trial or by timely postconviction motion.…
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PER CURIAM.
Affirmed without prejudice to any right the appellant may have to file an appropriate postconviction motion addressing his unpreserved challenge to his sentence if he can do so in good faith. See Gordon v. State, 139 So. 3d 958, 960 (Fla. 2d DCA 2014) ("[F]or sentencing errors, to raise even fundamental error on appeal, defendants must first file a motion under [Florida Rule of Criminal Procedure] 3.800(b)."
(quoting Jackson v. State, 983 So. 2d 562, 569 (Fla. 2008))); Young v. State, 988 So. 2d 1128, 1129 (Fla. 2d DCA 2008) (explaining that a claim that a defendant's life sentence exceeded the thirty-year statutory maximum could not be addressed on appeal when the appellant "did not preserve this issue for appellate review by objecting during the sentencing hearing or by filing a motion in accordance with Florida Rule of Criminal Procedure 3.800(b)").
LaROSE, C.J., and KHOUZAM and SLEET, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Jackson v. State, 983 So. 2d 562 (Fla. 2008)
- Celese Gordon v. State, 139 So. 3d 958 (Fla. 2d DCA 2014)