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Manning v. StateManning v. State

District Court of Appeal of Florida
Jan 4, 1985
83-2343
Versions:461 So. 2d 1025
10 Fla. L. Weekly 129

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.
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