Leonard v. State, 731 So. 2d 2

PER CURIAM.

In this direct appeal, David Leonard challenges, as illegal, the thirty-year sentence he received when the probation he was serving on a second-degree felony was revoked. See §§ 775.082(3)(c), 800.04, Fla. Stat. (1987). No other issues are raised. Because Leonard pleaded guilty to the underlying offense and failed to bring this error to the trial court‘s attention first, pursuant to section 924.051(4), Florida Statutes (Supp.1996), we are without jurisdiction to entertain this issue on direct appeal. Therefore, we dismiss this appeal without prejudice to Leonard to seek correction of this possible error by filing a motion pursuant to Florida Rule of Criminal Procedure 3.800(a).

Dismissed.

ALTENBERND, A.C.J., and FULMER and CASANUEVA, JJ., concur.

Case Details

Case Name: Leonard v. State

Court Name: District Court of Appeal of Florida

Date Published: Jun 10, 1998

Citations: 731 So. 2d 2; 1998 WL 299370; 96-04245

Docket Number: 96-04245

Court Abbreviation: Fla. Dist. Ct. App.