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Capizzano v. State

District Court of Appeal of Florida, Second District
Jul 6, 1984
452 So. 2d 1046 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-2204.

July 6, 1984.

Appeal from the Circuit Court, Lee County, R. Wallace Pack, J.

Jerry Hill, Public Defender, and Larry G. Bryant, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and David G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.


The defendant appeals his convictions and sentences on four counts of armed robbery and four counts of kidnaping. The only error suggested on his behalf concerns the sentence imposed. The defendant points out that the numbers of the counts at the sentencing hearing to which the defendant was sentenced did not correspond to the written order of sentence entered by the court. This issue is a procedural error, not a fundamental one, and we believe it should properly be first presented to the trial judge.

Accordingly, we dismiss this appeal without prejudice to the defendant to raise this issue by motion pursuant to Florida Rule of Criminal Procedure 3.850.

BOARDMAN, A.C.J., and DANAHY and LEHAN, JJ., concur.


Summaries of

Capizzano v. State

District Court of Appeal of Florida, Second District
Jul 6, 1984
452 So. 2d 1046 (Fla. Dist. Ct. App. 1984)
Case details for

Capizzano v. State

Case Details

Full title:VINCENT CAPIZZANO, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jul 6, 1984

Citations

452 So. 2d 1046 (Fla. Dist. Ct. App. 1984)