Justin O'Neil, Appellant, v. State of Florida, Appellee. (2025)

The errors asserted by Appellant relating to the merits of his conviction were not preserved below and, therefore, we review them for fundamental error.¹ See Noetzel v. State, 328 So. 3d 933, 945 (Fla. 2021). We find no fundamental error with respect to these asserted errors and affirm with respect to them without further discussion.

Appellant also asserts that the trial court committed fundamental error with respect to his sentence because the trial court entered a written sentence that did not comport with its oral pronouncement. However, Appellant did not file a motion under Florida Rule of Criminal Procedure 3.800(b) either prior to filing this appeal or prior to the filing of his initial brief. A defendant may not raise a sentencing error as fundamental error on appeal if he has not preserved the issue by either filing a motion under rule 3.800(b) or by objecting during the sentencing hearing. Jackson v. State, 983 So. 2d 562, 569 (Fla. 2008). Because Appellant did not do so, we affirm his sentence. This opinion is without prejudice to Appellant filing any appropriate motion under Florida Rule of Criminal Procedure 3.800(a).

AFFIRMED.

FOOTNOTES

1.   This case was transferred from the Second District Court of Appeal to this Court on January 1, 2023.

MIZE, J.

NARDELLA and WHITE, JJ., concur.