Javier Madera v. State

District Court of Appeal of Florida

Javier Madera v. State

CourtDistrict Court of Appeal of Florida

DecidedSeptember 18, 2017

Docket5D16-4352

StatusPublished

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Bluebook

Javier Madera v. State, (Fla. Ct. App. 2017).

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Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

JAVIER MADERA,

Appellant,

v. Case No. 5D16-4352

STATE OF FLORIDA,

Appellee.

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Opinion filed September 22, 2017

Appeal from the Circuit Court for St. Johns County, J. Michael Traynor, Judge.

James S. Purdy, Public Defender, and Allison A. Havens, Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm Appellant’s convictions and sentences but do so without prejudice to

Appellant filing a motion pursuant to Florida Rule of Criminal Procedure 3.800(a) or 3.850

on his claim that the imposition of drug offender probation in this case is illegal. Appellant

failed to preserve this claim for review on direct appeal by either contemporaneously objecting to the alleged sentencing error or by filing a motion pursuant to rule 3.800(b)(2).

See Jackson v. State, 983 So. 2d 562, 569 (Fla. 2008).

AFFIRMED.

COHEN, C.J., LAMBERT and EDWARDS, JJ., concur.

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