MICHAEL ALLEN GUNN v. STATE OF FLORIDA ( 2019 )


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  •                NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
    MOTION AND, IF FILED, DETERMINED
    IN THE DISTRICT COURT OF APPEAL
    OF FLORIDA
    SECOND DISTRICT
    MICHAEL ALLEN GUNN, DOC #C12113, )
    )
    Appellant,             )
    )
    v.                               )
    )                     Case No. 2D18-783
    STATE OF FLORIDA,                )
    )
    Appellee.              )
    )
    Opinion filed April 17, 2019.
    Appeal from the Circuit Court for Polk
    County; Jalal Harb, Judge.
    Howard L. Dimmig, II, Public Defender,
    and Siobhan Helene Shea, Special
    Assistant Public Defender, Bartow, for
    Appellant.
    Ashley Moody, Attorney General,
    Tallahassee, and Blain A. Goff, Assistant
    Attorney General, Tampa, for Appellee.
    PER CURIAM.
    Affirmed without prejudice to any right the appellant may have to file an
    appropriate postconviction motion addressing his unpreserved challenge to his
    sentence if he can do so in good faith. See Gordon v. State, 
    139 So. 3d 958
    , 960 (Fla.
    2d DCA 2014) ("[F]or sentencing errors, to raise even fundamental error on appeal,
    defendants must first file a motion under [Florida Rule of Criminal Procedure] 3.800(b)."
    (quoting Jackson v. State, 
    983 So. 2d 562
    , 569 (Fla. 2008))); Young v. State, 
    988 So. 2d 1128
    , 1129 (Fla. 2d DCA 2008) (explaining that a claim that a defendant's life
    sentence exceeded the thirty-year statutory maximum could not be addressed on
    appeal when the appellant "did not preserve this issue for appellate review by objecting
    during the sentencing hearing or by filing a motion in accordance with Florida Rule of
    Criminal Procedure 3.800(b)").
    LaROSE, C.J., and KHOUZAM and SLEET, JJ., Concur.
    -2-
    

Document Info

Docket Number: 18-0783

Filed Date: 4/17/2019

Precedential Status: Precedential

Modified Date: 4/17/2019