O'Berry v. State

District Court of Appeal of Florida

O'Berry v. State

406 So. 2d 1251, 1981 Fla. App. LEXIS 21899

CourtDistrict Court of Appeal of Florida

DecidedDecember 9, 1981

DocketNo. 81-271

StatusPublished

Cited by2 cases

This text of 406 So. 2d 1251 (O'Berry 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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O'Berry v. State, 406 So. 2d 1251, 1981 Fla. App. LEXIS 21899 (Fla. Ct. App. 1981).

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Opinion

SHARP, Judge.

In appealing his judgment and sentence for sexual battery, appellant asserts two procedural trial errors and also contends he should have been sentenced as a youthful offender pursuant to Chapter 958, Florida Statutes (1979). We find no merit to appellant’s first two objections and further determine he failed to present his sentencing argument to the trial court. Accordingly the judgment and sentence are affirmed without prejudice to appellant’s right to [1252]*1252seek appropriate relief, e.g., through Florida Rule of Criminal Procedure 3.850. See Rubasky v. State, 401 So.2d 894 (Fla. 5th DCA 1981); Dunman v. State, 400 So.2d 838 (Fla. 5th DCA 1981).

COBB and FRANK D. UPCHURCH, Jr., JJ., concur.

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SHARP, Judge.

In appealing his judgment and sentence for sexual battery, appellant asserts two procedural trial errors and also contends he should have been sentenced as a youthful offender pursuant to Chapter 958, Florida Statutes (1979). We find no merit to appellant’s first two objections and further determine he failed to present his sentencing argument to the trial court. Accordingly the judgment and sentence are affirmed without prejudice to appellant’s right to [1252]*1252seek appropriate relief, e.g., through Florida Rule of Criminal Procedure 3.850. See Rubasky v. State, 401 So.2d 894 (Fla. 5th DCA 1981); Dunman v. State, 400 So.2d 838 (Fla. 5th DCA 1981).

COBB and FRANK D. UPCHURCH, Jr., JJ., concur.

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406 So. 2d 1251, 1981 Fla. App. LEXIS 21899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oberry-v-state-fladistctapp-1981.

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