Mediate v. State

Full title: MARC MEDIATE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Feb 2, 1996

666 So. 2d 1058 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-1611.

February 2, 1996.

3.800 Appeal from the Circuit Court for Citrus County, John P. Thurman, Judge.

Bernard F. Daley, Jr. of Daley Associates, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Turner, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED. See Davis v. State, 661 So.2d 1193, 1196-1197 (Fla. 1995) (holding that defendant was precluded from raising issue of trial court's failure to file contemporaneous written findings for departure in motion for postconviction relief unless defendant had raised issue in his appeal).

PETERSON, C.J., and W. SHARP and THOMPSON, JJ., concur.