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Franklin v. State

District Court of Appeal of Florida, First District
Mar 9, 2000
752 So. 2d 1254 (Fla. Dist. Ct. App. 2000)

Opinion

No. 1D99-2343.

Opinion filed March 9, 2000.

An appeal from the Circuit Court for Bay County, Judy M. Pittman, Judge.

Wm. Michael Hunter, Panama City, for Appellant.

Robert A. Butterworth, Attorney General; Thomas D. Winokur and Sherri Tolar Rollison, Assistant Attorneys General, Tallahassee, for Appellee.


In this direct criminal appeal, appellant argues that his sentencing guidelines score sheet should have included only 12 community sanction violation points, rather than the 48 that were included. Having reviewed the record, we conclude that this issue was not preserved because the objection made did not apprise the trial court of the ground upon which it was based, and because counsel never requested and obtained a ruling on the objection. § 924.051(1)(b) (3), Fla. Stat. (1997). To the extent that any error occurred, it is clearly not "fundamental." Accordingly, we affirm.

AFFIRMED.

BOOTH, JOANOS and WEBSTER, JJ., CONCUR.


Summaries of

Franklin v. State

District Court of Appeal of Florida, First District
Mar 9, 2000
752 So. 2d 1254 (Fla. Dist. Ct. App. 2000)
Case details for

Franklin v. State

Case Details

Full title:KENNETH R. FRANKLIN, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Mar 9, 2000

Citations

752 So. 2d 1254 (Fla. Dist. Ct. App. 2000)