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Kennedy v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
Nov 21, 2018
257 So. 3d 1091 (Fla. Dist. Ct. App. 2018)

Opinion

No. 4D18-2683

11-21-2018

Bryce K. KENNEDY, Appellant, v. STATE of Florida, Appellee.

Bryce K. Kennedy, Raiford, pro se. No appearance required for appellee.


Bryce K. Kennedy, Raiford, pro se.

No appearance required for appellee.

Per Curiam.

We affirm the trial court order denying appellant's motion to correct illegal sentence. In his initial brief, appellant raised for the first time a challenge to his sentences based on Graham v. Florida , 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010). It was not part of his motion filed below. Accordingly, we affirm without prejudice to his right to raise that challenge by proper motion in the trial court. Cotto v. State , 141 So.3d 615, 616 n.1 (Fla. 4th DCA 2014) (citing Atwell v. State , 128 So.3d 167, 169 (Fla. 4th DCA 2013) ).

Gross, Damoorgian and Klingensmith, JJ., concur.


Summaries of

Kennedy v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
Nov 21, 2018
257 So. 3d 1091 (Fla. Dist. Ct. App. 2018)
Case details for

Kennedy v. State

Case Details

Full title:BRYCE K. KENNEDY, Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

Date published: Nov 21, 2018

Citations

257 So. 3d 1091 (Fla. Dist. Ct. App. 2018)