Summary
In Harley v. State, 924 So.2d 831, 832 (Fla. 2d DCA 2005), this court held that a claim of vindictive sentencing — a due process claim — that was not raised at sentencing or in a rule 3.800(b) motion could not be considered on appeal.
Summary of this case from Jackson v. StateOpinion
No. 2D03-5028.
October 19, 2005. Rehearing Denied April 12, 2006.
Appeal from the Circuit Court for Lee County; Thomas S. Reese, Judge.
Laura Griffin, Ponte Vedra Beach, for Appellant.
Charles T. Crist, Jr., Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Appellee.
Lasundra Harley appeals her conviction for aggravated child abuse after a jury trial, as well as her sixty-two month prison sentence. We affirm her conviction without comment. We affirm Harley's sentence because her claim of vindictive sentence was not preserved for appeal. She did not object or raise the specific issue at sentencing, and she did not file a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b). See Brannon v. State, 850 So.2d 452, 456 (Fla. 2003) (holding that "failure to preserve a fundamental sentencing error by motion under rule 3.800(b) or by objection during the sentencing hearing forecloses [a defendant] from raising the error on direct appeal").
Affirmed.
NORTHCUTT and SALCINES, JJ., Concur.