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Fredell v. State

Florida Court of Appeals, Fourth District
Mar 9, 2022
No. 4D21-34 (Fla. Dist. Ct. App. Mar. 9, 2022)

Opinion

4D21-34

03-09-2022

RYAN FREDELL, Appellant, v. STATE OF FLORIDA, Appellee.

Carey Haughwout, Public Defender, and Cynthia L. Anderson, Assistant Public Defender, West Palm Beach, for appellant. Ashley Moody, Attorney General, Tallahassee, and Rachael Kaiman, Assistant Attorney General, West Palm Beach, for appellee.


Not final until disposition of timely filed motion for rehearing.

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Dan L. Vaughn, Judge; L.T. Case No. 312020CF000575A.

Carey Haughwout, Public Defender, and Cynthia L. Anderson, Assistant Public Defender, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Rachael Kaiman, Assistant Attorney General, West Palm Beach, for appellee.

Per Curiam.

We affirm on all arguments which the defendant has raised in his appeal from his sentence of thirty-six months in prison, with credit for 234 days' time served. Our affirmance is without prejudice to the defendant's ability to file a Florida Rule of Criminal Procedure 3.850 motion directed to defense counsel's lack of objection to judicial fact-finding on the issue of whether severe victim injury points should have been included in determining the range of the defendant's sentence. We make no statement on whether such a motion would have merit.

Affirmed.

Ciklin, Gerber and Forst, JJ., concur.


Summaries of

Fredell v. State

Florida Court of Appeals, Fourth District
Mar 9, 2022
No. 4D21-34 (Fla. Dist. Ct. App. Mar. 9, 2022)
Case details for

Fredell v. State

Case Details

Full title:RYAN FREDELL, Appellant, v. STATE OF FLORIDA, Appellee.

Court:Florida Court of Appeals, Fourth District

Date published: Mar 9, 2022

Citations

No. 4D21-34 (Fla. Dist. Ct. App. Mar. 9, 2022)