Penrod v. State

Full title: ARTHUR RAYMOND PENROD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Jul 2, 1993

621 So. 2d 473 (Fla. Dist. Ct. App. 1993)

Opinion

No. 93-683.

May 18, 1993. On Motion for Rehearing July 2, 1993.

3.800 Appeal from the Circuit Court for Brevard County; John Dean Moxley, Jr., Judge.

Arthur Raymond Penrod, pro se.

No appearance for appellee.

PER CURIAM.

AFFIRMED.

DAUKSCH, HARRIS and PETERSON, JJ., concur.

PER CURIAM.

ON MOTION FOR REHEARING

DAUKSCH, Judge.

Appellant has sought a rehearing because the trial court improperly relied on out-of-state convictions to habitualize him under section 775.084, Florida Statutes (Supp. 1988). Because appellant failed to raise this argument before the trial court in his Florida Rule of Criminal Procedure 3.800(a) motion to correct sentence, his motion for rehearing is denied without prejudice to his raising this ground for relief in another 3.800(a) motion below. See Johnson v. State, 616 So.2d 1 (Fla.), revised, 18 Fla. L. Weekly S234 (Fla. April 8, 1993).

DENIED.

HARRIS and PETERSON, JJ., concur.