TUCKER v. STATE (1998)

District Court of Appeal of Florida,Second District.

Herman TUCKER, Appellant, v. STATE of Florida, Appellee.

No. 97-04474.

Decided: December 02, 1998

James Marion Moorman, Public Defender, Bartow, and Cynthia J. Dodge, Assistant Public Defender, Bartow, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.

Herman Tucker appeals a sentence imposed upon resentencing after appeal. He claims the sentence was erroneously enhanced by a law enforcement protection multiplier, which was included on the sentencing guidelines scoresheet pursuant to section 921.0014(1), Florida Statutes (1995). The State concedes that the law enforcement protection multiplier was improperly applied in this case. Tucker failed to first raise this issue in the trial court as required by Florida Rule of Appellate Procedure 9.140(d). We, therefore, affirm without prejudice to Tucker to file a motion to correct his sentence pursuant to Florida Rule of Criminal Procedure 3.800(a).

Affirmed.

THREADGILL, Acting Chief Judge.

BLUE and CASANUEVA, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network