GRAHAM v. STATE (1999)

District Court of Appeal of Florida,First District.

Walter GRAHAM, Appellant, v. STATE of Florida, Appellee.

No. 98-3098.

Decided: November 17, 1999

Nancy A. Daniels, Public Defender, and David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellant. Robert A. Butterworth, Attorney General, and Daniel A. David, Assistant Attorney General, Tallahassee, for Appellee.

Appellant, Walter Graham, appeals his resentencing imposed as a result of this court's mandate in Graham v. State, 577 So.2d 634 (Fla. 1st DCA 1991). The trial court resentenced appellant on Count II as directed by this court; however, in his brief, appellant challenges only his sentencing on Count I, which was not before the trial court at the resentencing hearing. We therefore do not address the challenge to the Count I sentence. See State v. Barber, 301 So.2d 7, 9 (Fla.1974).^*

Accordingly, the sentence imposed by the trial court as to Count II is AFFIRMED.

FOOTNOTES

FOOTNOTE. Appellant filed a motion to correct illegal sentence in the trial court on December 20, 1995, by which he challenged his sentence on Count I. As of this time, the trial court has not made a determination on appellant's motion.

PER CURIAM.

ALLEN, BENTON and BROWNING, JJ., CONCUR.

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