McHolder v. State

Full title: EDDIE McHOLDER, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: May 27, 2005

902 So. 2d 348 (Fla. Dist. Ct. App. 2005)

Opinion

No. 5D04-2846.

May 27, 2005.

Appeal from the Circuit Court for Lake County, T. Michael Johnson, Judge.

James S. Purdy, Public Defender, and Kevin R. Holtz, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

This appeal is governed by Smartmays v. State, 901 So.2d 278 (Fla. 5th DCA 2005). The defendant's failure to object to the lack of a properly notarized affidavit charging a probation violation waived the error.

AFFIRMED.

PETERSON, GRIFFIN and PLEUS, JJ., concur.