McDougle v. State

District Court of Appeal of Florida

McDougle v. State

882 So. 2d 1104, 2004 Fla. App. LEXIS 13843, 2004 WL 2101956

District Court of Appeal of Florida·Decided September 22, 2004·No. No. 4D04-407·Published

Opinion

PER CURIAM.

We affirm the order denying appellant’s motion to correct an illegal sentence. Although appellant’s motion was based upon the court’s failure to sentence him in accordance with section-958.045(5)(c), Florida Statutes (2001), after his successful completion of boot camp, he raises entirely different issues regarding jail credit in his initial brief. Thus, he has abandoned the claim raised in the motion below. As appellant cannot raise new issues for the first time on appeal, we affirm.

FARMER, C.J., WARNER and SHAHOOD, JJ., concur.

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PER CURIAM.

We affirm the order denying appellant’s motion to correct an illegal sentence. Although appellant’s motion was based upon the court’s failure to sentence him in accordance with section-958.045(5)(c), Florida Statutes (2001), after his successful completion of boot camp, he raises entirely different issues regarding jail credit in his initial brief. Thus, he has abandoned the claim raised in the motion below. As appellant cannot raise new issues for the first time on appeal, we affirm.

FARMER, C.J., WARNER and SHAHOOD, JJ., concur.

McDougle v. State, 882 So. 2d 1104, 2004 Fla. App. LEXIS 13843, 2004 WL 2101956 (Fla. Ct. App. 2004).

Pincite

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