Gonzalez v. State

Full title: Roberto Pabon Gonzalez, Appellant, v. State of Florida, Appellee.

Court: Florida Court of Appeals, Sixth District

Date published: Jul 21, 2023

No. 6D23-1400 (Fla. Dist. Ct. App. Jul. 21, 2023)

Opinion

6D23-1400

07-21-2023

Roberto Pabon Gonzalez, Appellant, v. State of Florida, Appellee.

Matthew J. Metz, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Deborah A. Chance, Assistant Attorney General, Daytona Beach, for Appellee.

MIZE, J.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED

Appeal from the Circuit Court for Orange County Lower Tribunal No. 2019-CF-010199-A-O . Jenifer M. Harris, Judge.

Matthew J. Metz, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Deborah A. Chance, Assistant Attorney General, Daytona Beach, for Appellee.

MIZE, J.

Appellant concedes that the asserted errors were not preserved below and that, therefore, we review them for fundamental error.¹ Steiger v. State, 328 So.3d 926, 929 (Fla. 2021). We find no fundamental error and affirm. This opinion is without prejudice to Appellant filing any appropriate motion under Florida Rule of Criminal Procedure 3.850.

1 This case was transferred from the Fifth District Court of Appeal to this Court on January 1, 2023.

AFFIRMED.

NARDELLA, J, and ORFINGER, RB, Associate Senior Judge, concur