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Bell v. State

District Court of Appeal of Florida, Fifth District
Mar 24, 2005
895 So. 2d 1290 (Fla. Dist. Ct. App. 2005)
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Summary

holding "a claim . . . that a defendant should have been sentenced by the judge who accepted the plea must be preserved to be cognizable on appeal"

Summary of this case from Acee v. State
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Opinion

No. 5D03-3762.

March 24, 2005.

Appeal from the Circuit Court for Seminole County, O.H. Eaton, Jr., Judge.

James S. Purdy, Public Defender, and Rose M. Levering, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Lamya A. Henry, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm because a claim under Florida Rule of Criminal Procedure 3.700(c)(1) that a defendant should have been sentenced by the judge who accepted the plea must be preserved to be cognizable on appeal. See Davis v. State, 677 So.2d 1366 (Fla. 4th DCA 1996).

AFFIRMED.

THOMPSON, PLEUS and MONACO, JJ., concur.

Summaries of

Bell v. State

District Court of Appeal of Florida, Fifth District
Mar 24, 2005
895 So. 2d 1290 (Fla. Dist. Ct. App. 2005)

holding "a claim . . . that a defendant should have been sentenced by the judge who accepted the plea must be preserved to be cognizable on appeal"

Summary of this case from Acee v. State
Case details for

Bell v. State

Case Details

Full title:Ellis D. BELL, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Mar 24, 2005

Citations

895 So. 2d 1290 (Fla. Dist. Ct. App. 2005)

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