Kirkland v. State

District Court of Appeal of Florida

Kirkland v. State

830 So. 2d 216, 2002 Fla. App. LEXIS 16146, 2002 WL 31487161

CourtDistrict Court of Appeal of Florida

DecidedNovember 8, 2002

DocketNo. 2D01-1692

StatusPublished

This text of 830 So. 2d 216 (Kirkland v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kirkland v. State, 830 So. 2d 216, 2002 Fla. App. LEXIS 16146, 2002 WL 31487161 (Fla. Ct. App. 2002).

Pincite

Opinion

PER CURIAM.

Duane Kirkland contends that on resen-tencing the trial court should have sentenced him at the bottom of the sentencing guidelines range in accordance with a plea agreement he entered into at his original sentencing hearing. Kirkland, however, failed to preserve this issue for review on direct appeal because he did not move to withdraw his plea. See Meriweather v. State, 793 So.2d 986 (Fla. 2d DCA 2001). We therefore affirm Kirkland’s sentence without prejudice to any right he may have to file a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. See Coogle v. State, 811 So.2d 782 (Fla. 2d DCA 2002).

Affirmed.

BLUE, C.J., and DAVIS and KELLY, JJ., Concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Duane Kirkland contends that on resen-tencing the trial court should have sentenced him at the bottom of the sentencing guidelines range in accordance with a plea agreement he entered into at his original sentencing hearing. Kirkland, however, failed to preserve this issue for review on direct appeal because he did not move to withdraw his plea. See Meriweather v. State, 793 So.2d 986 (Fla. 2d DCA 2001). We therefore affirm Kirkland’s sentence without prejudice to any right he may have to file a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. See Coogle v. State, 811 So.2d 782 (Fla. 2d DCA 2002).

Affirmed.

BLUE, C.J., and DAVIS and KELLY, JJ., Concur.

Cite This Page — Counsel Stack

Bluebook (online)

830 So. 2d 216, 2002 Fla. App. LEXIS 16146, 2002 WL 31487161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kirkland-v-state-fladistctapp-2002.

Opinion

Related

Cite This Page — Counsel Stack