GUNN DOC C12113 v. STATE (2019)

District Court of Appeal of Florida, Second District.

Michael Allen GUNN, DOC #C12113, Appellant, v. STATE of Florida, Appellee.

Case No. 2D18-783

Decided: April 17, 2019

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.

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)”).

PER CURIAM.

LaROSE, C.J., and KHOUZAM and SLEET, 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Out of date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