midpage

Joyner v. StateJoyner v. State

District Court of Appeal of Florida
Feb 19, 1992
91-00419
Versions:594 So. 2d 328
1992 WL 29045

CASE, JAMES R., Associate Judge.

We affirm the defendant‘s conviction and sentence upon his violation of community control.

We need not and do not address the defendant‘s argument that he should not have been sentenced to community control after having been declared a habitual offender. The record on appeal does not indicate that the defendant objected to the community control sentence when it was imposed nor did he timely appeal that sentence thereafter. His acceptance of community control constituted a waiver of the right to attack that community control at revocation. See Thompson v. State, 591 So.2d 1114 (Fla. 2d DCA 1992); Wolfson v. State, 437 So.2d 174 (Fla. 2d DCA 1983).

DANAHY, A.C.J., and THREADGILL, J., concur.

Case Details

Case Name: Joyner v. State
Court Name: District Court of Appeal of Florida
Date Published: Feb 19, 1992
Citations: 594 So. 2d 328; 1992 WL 29045; 91-00419
Docket Number: 91-00419
Court Abbreviation: Fla. Dist. Ct. App.
Log In