Napier v. State

Full title: Gary Dan NAPIER, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Jan 22, 1999

724 So. 2d 190 (Fla. Dist. Ct. App. 1999)

Opinion

No. 97-3444

January 22, 1999.

An appeal from the Circuit Court for Jackson County. Michael Overstreet, Judge.

Nancy A. Daniels, Public Defender, and Mark E. Walker, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Kristina White, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

In this direct appeal, appellant asserts that he was erroneously assessed four legal status points on his sentencing guidelines score sheet. The state contends the error was not preserved for review, and we agree. Therefore we AFFIRM the conviction and sentence, without prejudice to appellant to file an appropriate post-conviction motion. See Tanner v. State, 724 So.2d 643, (Fla. 1st DCA, 1999).

JOANOS, ALLEN and WEBSTER, JJ., CONCUR.