Opinion
Case No. 2D20-113
01-06-2021
Christopher PAGAN, a/k/a Christopher Matthew Pagan, Appellant, v. STATE of Florida, Appellee.
Ita M. Neymotin, Regional Counsel, Second District, and Joseph Thye Sexton, Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, Fort Myers, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Lindsay D. Turner, Assistant Attorney General, Tampa, for Appellee.
Ita M. Neymotin, Regional Counsel, Second District, and Joseph Thye Sexton, Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, Fort Myers, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Lindsay D. Turner, Assistant Attorney General, Tampa, for Appellee.
PER CURIAM. Christopher Pagan appeals from the revocation of his probation and the resulting sentence. On appeal, Pagan argues that the trial court erred by failing to grant credit for time previously served in prison. The sentencing documents in our record indicate that Pagan was credited for time served in jail, but he did not receive credit for prison time. Although Pagan filed a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b), his motion did not address this issue. Thus, he failed to preserve this issue for appellate review.
Accordingly, we affirm without prejudice to any right Pagan might have to file a motion to correct sentencing error under rule 3.800(a). See McCall v. State, 88 So. 3d 1015 (Fla. 2d DCA 2012). We decline to consider the other issue Pagan has raised in this appeal because it was not preserved. See Lacey v. State, 831 So. 2d 1267, 1268 (Fla. 4th DCA 2002) (declining to consider argument that revocation of probation was based solely on hearsay evidence where the issue was not preserved by argument or objection during trial).
Affirmed.
SILBERMAN, VILLANTI, and SLEET, JJ., Concur.