From Casetext: Smarter Legal Research

Leblanc v. State

District Court of Appeal of Florida, Fifth District
Jul 18, 2008
985 So. 2d 1233 (Fla. Dist. Ct. App. 2008)

Opinion

No. 5D07-3092.

July 18, 2008.

Appeal from the Circuit Court for Marion County, Hale R. Stancil, Judge.

James S. Purdy, Public Defender, and Kevin R. Holtz, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Jeffrey R. Casey, Assistant Attorney General, Daytona Beach, for Appellee.


Appellant's first point, the legality of the fines imposed as part of his habitual offender sentence, was not preserved by contemporaneous objection or rule 3.800 motion. Accordingly, we affirm on this point without prejudice for Appellant to file a rule 3.800 motion. Polite v. State, 847 So.2d 1156, 1157 (Fla. 5th DCA 2003).

We also affirm as to Appellant's second point. See Massey v. State, 609 So.2d 598 (Fla. 1992).

AFFIRMED.

PALMER, C.J. TORPY EVANDER, and JJ., concur.


Summaries of

Leblanc v. State

District Court of Appeal of Florida, Fifth District
Jul 18, 2008
985 So. 2d 1233 (Fla. Dist. Ct. App. 2008)
Case details for

Leblanc v. State

Case Details

Full title:Roger D. LEBLANC, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Jul 18, 2008

Citations

985 So. 2d 1233 (Fla. Dist. Ct. App. 2008)