Durham v. State

Full title: DONN DURHAM, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Aug 2, 2002

825 So. 2d 459 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 5D01-2992

Opinion filed August 2, 2002 Rehearing Denied Sept. 9, 2002.

Appeal from the Circuit Court for Seminole County, Kenneth R. Lester, Jr., Judge.

James B. Gibson, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Lamya A. Henry, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED. See Hall v. State, 27 Fla. L. Weekly S627, S628 (Fla. July 3, 2002) (holding that in order to appeal the length of a sentence within the statutory maximum, a defendant must argue that his sentence was the result of vindictiveness).

SHARP, W., HARRIS and ORFINGER, R. B., JJ., concur.