Manning v. State, 461 So. 2d 1025

PER CURIAM.

Appellant “affirmatively selected” to be sentenced by the trial court under the sentencing guidelines. See § 921.001, Fla. Stat. (1983); Fla.R.Crim.P. 3.701. On appeal he challenges for the first time the constitutionality of the application of the above cited statute to the facts of his case. Only challenges which allege facial unconstitutionality of a statute raise a question as to subject matter jurisdiction and are therefore arguable, as fundamental, for the first time on appeal. Thus, the instant challenge was waived by the failure to raise it in the trial court. Trushin v. State, 425 So.2d 1126 (Fla. 1983); Alexander v. State, 450 So.2d 1212 (Fla. 4th DCA 1984).

ANSTEAD, C.J., and HERSEY and GLICKSTEIN, JJ., concur.

Case Details

Case Name: Manning v. State

Court Name: District Court of Appeal of Florida

Date Published: Jan 4, 1985

Citations: 461 So. 2d 1025; 10 Fla. L. Weekly 129; 83-2343

Docket Number: 83-2343

Court Abbreviation: Fla. Dist. Ct. App.