Ruiz v. State

Full title: GUSTAVO RUIZ, Appellant, v. STATE OF FLORIDA, Appellee.

Court: Florida Court of Appeals, Second District

Date published: Jul 7, 2023

No. 2D21-3529 (Fla. Dist. Ct. App. Jul. 7, 2023)

Opinion

2D21-3529

07-07-2023

GUSTAVO RUIZ, Appellant, v. STATE OF FLORIDA, Appellee.

Gustavo Ruiz, pro se. Ashley Moody, Attorney General, Tallahassee, and Elba Caridad Martin, Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Judge.

Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Michelle D. Sisco, Judge.

Gustavo Ruiz, pro se.

Ashley Moody, Attorney General, Tallahassee, and Elba Caridad Martin, Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Judge.

Gustavo Ruiz appeals the nonsummary denial of his motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.850. We affirm but write to explain that we have not considered the merits of his first issue, a claim of an illegal sentence, which he raises for the first time in this appeal. See Adams v. State, 774 So.2d 941, 942 (Fla. 2d DCA 2001) (explaining that claims not raised in the postconviction motion presented to the lower court are not preserved for appeal). Therefore, our affirmance is without prejudice to any right Ruiz may have to seek relief for that claim with the postconviction court in the first instance.

Affirmed.

VILLANTI and LUCAS, JJ, Concur

Opinion subject to revision prior to official publication.