RYAN FREDELL v. STATE OF FLORIDA

District Court of Appeal of Florida

RYAN FREDELL v. STATE OF FLORIDA

CourtDistrict Court of Appeal of Florida

DecidedMarch 9, 2022

Docket21-0034

StatusPublished

This text of RYAN FREDELL v. STATE OF FLORIDA (RYAN FREDELL v. STATE OF FLORIDA) 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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RYAN FREDELL v. STATE OF FLORIDA, (Fla. Ct. App. 2022).

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Opinion

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

RYAN FREDELL, Appellant,

v.

STATE OF FLORIDA, Appellee.

No. 4D21-34

[March 9, 2022]

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Dan L. Vaughn, Judge; L.T. Case No. 312020CF000575A.

Carey Haughwout, Public Defender, and Cynthia L. Anderson, Assistant Public Defender, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Rachael Kaiman, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We affirm on all arguments which the defendant has raised in his appeal from his sentence of thirty-six months in prison, with credit for 234 days’ time served. Our affirmance is without prejudice to the defendant’s ability to file a Florida Rule of Criminal Procedure 3.850 motion directed to defense counsel’s lack of objection to judicial fact- finding on the issue of whether severe victim injury points should have been included in determining the range of the defendant’s sentence. We make no statement on whether such a motion would have merit.

Affirmed.

CIKLIN, GERBER and FORST, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

RYAN FREDELL, Appellant,

v.

STATE OF FLORIDA, Appellee.

No. 4D21-34

[March 9, 2022]

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Dan L. Vaughn, Judge; L.T. Case No. 312020CF000575A.

Carey Haughwout, Public Defender, and Cynthia L. Anderson, Assistant Public Defender, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Rachael Kaiman, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We affirm on all arguments which the defendant has raised in his appeal from his sentence of thirty-six months in prison, with credit for 234 days’ time served. Our affirmance is without prejudice to the defendant’s ability to file a Florida Rule of Criminal Procedure 3.850 motion directed to defense counsel’s lack of objection to judicial fact- finding on the issue of whether severe victim injury points should have been included in determining the range of the defendant’s sentence. We make no statement on whether such a motion would have merit.

Affirmed.

CIKLIN, GERBER and FORST, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.

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RYAN FREDELL v. STATE OF FLORIDA, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryan-fredell-v-state-of-florida-fladistctapp-2022.