midpage

Leonard v. StateLeonard v. State

District Court of Appeal of Florida
Jun 10, 1998
96-04245
Versions:731 So. 2d 2
1998 WL 299370

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as illegal, the thirty-year sentence he received when the probation he was serving on a second-degree felony was revoked.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.
Log In