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Rangel v. State

District Court of Appeal of Florida, Fifth District
Apr 25, 1997
692 So. 2d 277 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-2274

Opinion Filed April 25, 1997

Appeal from the Circuit Court for Orange County, Reginald K. Whitehead, Judge.

James B. Gibson, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.


Jose A. Rangel alleges that, during his plea and sentencing hearing on July 15, 1996, for a probation revocation, the trial court erroneously calculated his sentencing guidelines scoresheet.

Appellant's failure to expressly reserve his right to appeal a sentencing issue either at the plea/sentencing hearing or by way of a motion to correct sentencing pursuant to Florida Rule of Criminal Procedure 3.800(b), waives appellate review. Additionally, no fundamental error appears. See Amendments to The Florida Rules of Appellate Procedure, 685 So.2d 773, 775 (Fla. 1996); § 925.051(3) (4), Fla. Stat. (1996); Middleton v. State, 22 Fla. Law Weekly D259 (Fla. Jan. 27, 1997).

AFFIRMED.

PETERSON, C.J., GOSHORN and GRIFFIN, JJ., concur.


Summaries of

Rangel v. State

District Court of Appeal of Florida, Fifth District
Apr 25, 1997
692 So. 2d 277 (Fla. Dist. Ct. App. 1997)
Case details for

Rangel v. State

Case Details

Full title:JOSE A. RANGEL, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Apr 25, 1997

Citations

692 So. 2d 277 (Fla. Dist. Ct. App. 1997)

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