Lacourse v. State

District Court of Appeal of Florida

Lacourse v. State

593 So. 2d 619, 1992 Fla. App. LEXIS 1511, 1992 WL 29054

CourtDistrict Court of Appeal of Florida

DecidedFebruary 19, 1992

DocketNo. 91-01038

StatusPublished

Cited by1 cases

This text of 593 So. 2d 619 (Lacourse 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.

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Lacourse v. State, 593 So. 2d 619, 1992 Fla. App. LEXIS 1511, 1992 WL 29054 (Fla. Ct. App. 1992).

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Opinion

CASE, JAMES R., Associate Judge.

We affirm the defendant’s conviction and sentence upon his violation of probation.

We need not and do not address the defendant’s argument that he should not have been sentenced to probation after having been declared a habitual offender. The record on appeal does not indicate that the defendant objected to that probationary sentence when it was imposed nor did he timely appeal that sentence thereafter. His acceptance of probation constituted a waiver of the right to attack that probation at revocation. Thompson v. State, 591 So.2d 1114 (Fla. 2d DCA 1992); see Wolfson v. State, 437 So.2d 174 (Fla. 2d DCA 1983).

DANAHY, A.C.J., and THREADGILL, J., concur.

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CASE, JAMES R., Associate Judge.

We affirm the defendant’s conviction and sentence upon his violation of probation.

We need not and do not address the defendant’s argument that he should not have been sentenced to probation after having been declared a habitual offender. The record on appeal does not indicate that the defendant objected to that probationary sentence when it was imposed nor did he timely appeal that sentence thereafter. His acceptance of probation constituted a waiver of the right to attack that probation at revocation. Thompson v. State, 591 So.2d 1114 (Fla. 2d DCA 1992); see Wolfson v. State, 437 So.2d 174 (Fla. 2d DCA 1983).

DANAHY, A.C.J., and THREADGILL, J., concur.

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593 So. 2d 619, 1992 Fla. App. LEXIS 1511, 1992 WL 29054, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lacourse-v-state-fladistctapp-1992.

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