Popejoy v. State

District Court of Appeal of Florida

Popejoy v. State

720 So. 2d 284, 1998 Fla. App. LEXIS 13659, 1998 WL 746026

CourtDistrict Court of Appeal of Florida

DecidedOctober 28, 1998

DocketNo. 97-04873

StatusPublished

This text of 720 So. 2d 284 (Popejoy 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

Popejoy v. State, 720 So. 2d 284, 1998 Fla. App. LEXIS 13659, 1998 WL 746026 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

Eric S. Popejoy appeals the final judgment and sentence imposed after he was found guilty of burglary of a dwelling and felony petit theft. We affirm.

Although Popejoy is correct that the trial court erred in designating him as a habitual felony offender for the crime of felony petit theft, he failed to preserve the issue by objecting at sentencing. Popejoy also did not file a motion to correct the error within thirty days of the sentence. See Fla. R.Crim. P. 3.800(b). The habitual felony offender designation was harmless error, because the sentence imposed for felony petit theft was 552 days, was appropriate for a third-degree felony, was within the sentencing guidelines, and the habitual felony designation will have no effect on any subsequent sentencing.

Affirmed.

PARKER, C.J., and FRANK and FULMER, JJ., concur.

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PER CURIAM.

Eric S. Popejoy appeals the final judgment and sentence imposed after he was found guilty of burglary of a dwelling and felony petit theft. We affirm.

Although Popejoy is correct that the trial court erred in designating him as a habitual felony offender for the crime of felony petit theft, he failed to preserve the issue by objecting at sentencing. Popejoy also did not file a motion to correct the error within thirty days of the sentence. See Fla. R.Crim. P. 3.800(b). The habitual felony offender designation was harmless error, because the sentence imposed for felony petit theft was 552 days, was appropriate for a third-degree felony, was within the sentencing guidelines, and the habitual felony designation will have no effect on any subsequent sentencing.

Affirmed.

PARKER, C.J., and FRANK and FULMER, JJ., concur.

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Bluebook (online)

720 So. 2d 284, 1998 Fla. App. LEXIS 13659, 1998 WL 746026, Counsel Stack Legal Research, https://law.counselstack.com/opinion/popejoy-v-state-fladistctapp-1998.