Summary
In Jenrette v. State, 373 So.2d 718 (Fla. 3d DCA 1979), we refused to hear the sentencing error raised by the defendant without prejudice to his right to raise the error in a Rule 3.850 motion in the trial court.
Summary of this case from Gonzalez v. StateOpinion
No. 78-2258.
August 7, 1979.
An Appeal from the Circuit Court for Dade County; John A. Tanksley, Judge.
Bennett H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen., and Paul Mendelson, Asst. Atty. Gen., for appellee.
Before HENDRY and HUBBART, JJ., and CHAPPELL, BILL G., Associate Judge.
The judgments of conviction and sentences appealed from are affirmed without prejudice to the defendant to attack the lawfulness of his sentence for unlawful display of a firearm during the commission of a felony by applying to the trial court for post-conviction relief under Fla.R.Crim.P. 3.850 based on the authority of Engel v. State, 353 So.2d 593 (Fla.3d DCA 1977).