Chapman v. State

Full title: James CHAPMAN, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, First District.

Date published: Sep 23, 2014

146 So. 3d 1291 (Fla. Dist. Ct. App. 2014)

Opinion

No. 1D14–1522.

09-23-2014

James CHAPMAN, Appellant, v. STATE of Florida, Appellee.

Nancy A. Daniels, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Kristen Bonjour, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Nancy A. Daniels, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Kristen Bonjour, Assistant Attorney General, Tallahassee, for Appellee.

Opinion

PER CURIAM.

Appellant challenges the imposition of a suspended sentence of five years' incarceration for his conviction of driving without a license (habitual offender). Appellant asserts that his suspended sentence is not a “nonstate prison sanction” and is, therefore, an upward departure in violation of section 775.082(10), Florida Statutes (2013). Because this argument was not raised during either the sentencing hearing or via a Florida Rule of Criminal Procedure 3.800(b)(2) motion, it is unpreserved and this court cannot reach the question. Appellant's judgment and sentence are AFFIRMED.

WOLF, ROWE, and OSTERHAUS, JJ., concur.