Capre v. State, 5D00-502.
| Citation | 773 So.2d 92 |
| Decision Date | 20 October 2000 |
| Docket Number | No. 5D00-502.,5D00-502. |
| Parties | Matthew Donald CAPRE, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James B. Gibson, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Appellee.
Capre asserts he received an improper vindictive sentence1 of 42 months because he elected to go to trial rather than accept the state's pre-trial offer of a non-state prison sentence of 51 weeks in the county jail. He did not raise this issue below, nor did he avail himself of the remedy by filing a motion pursuant to Florida Rule of Criminal Procedure 3.800(b).
Capre's trial took place in February of 2000, after the effective date of amended rule 3.800(b). See Maddox v. State, 760 So.2d 89 (Fla.2000)
; Amendments to Florida Rules of Criminal Procedure 3.111(e) and 3.800 and Florida Rules of Appellate Procedure 9.020(h), 9.140, and 9.600, 761 So.2d 1015 (Fla.1999). Under Maddox, sentencing errors occurring after the effective date of amended rule 3.800(b), even fundamental ones, are barred if not raised at trial or in post-trial proceedings pursuant to rule 3.800. See Mancha v. State, 768 So.2d 1178 1 (Fla. 2d DCA 2000).
Accordingly, appellant's appeal is dismissed.
APPEAL DISMISSED.
1.See, e.g., Willard v. State, 717 So.2d 631 (Fla. 5th DCA 1998)
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...605 (Fla. 1st DCA 2001); Harvey v. State, 786 So.2d 595 (Fla. 1st DCA 2001), review granted, 797 So.2d 585 (Fla.2001); Capre v. State, 773 So.2d 92 (Fla. 5th DCA 2000). Lewis's initial brief was filed after the effective date of the amendments to rule 3.800(b), consequently her claim of sen......
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Labadie v. State, 5D01-2756.
...a jury trial and the associated rights and privileges. A sentencing error may not be raised on appeal unless preserved. Capre v. State, 773 So.2d 92 (Fla. 5th DCA 2000); Durr v. State, 773 So.2d 644, 646 (Fla. 5th DCA 2000). Further on this issue, Labadie did not provide a transcript of his......
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