Cargle v. State
Decision Date | 21 September 2000 |
Docket Number | No. SC92031.,SC92031. |
Parties | Rico L. CARGLE, Petitioner, v. STATE of Florida, Respondent. |
Court | Florida Supreme Court |
Nancy A. Daniels, Public Defender, and Kathleen Stover, Assistant Pubic Defender, Second Judicial Circuit, Tallahassee, Florida, for Petitioner.
Robert A. Butterworth, Attorney General, James W. Rogers, Tallahassee Bureau Chief, Criminal Appeals, and Stephen R. White, Assistant Attorney General, Tallahassee, Florida, for Respondent.
We have for review Cargle v. State, 701 So.2d 359 (Fla. 1st DCA 1997), based on conflict with State v. Rhoden, 448 So.2d 1013 (Fla.1984). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. We approve Cargle.
Rico Cargle, at age seventeen, was a juvenile who was charged, tried, and convicted in adult court of attempted armed robbery with a firearm and aggravated battery with a firearm. The trial court sentenced him as an adult, imposing a departure sentence of fifteen years for attempted robbery with a firearm and a concurrent thirty years on the aggravated battery charge. No motion to correct, reduce or modify the sentence was filed. Cargle claimed on appeal that although the trial court listed its reasons in writing for imposing a departure sentence, the written order failed to address the decision to impose adult sanctions as required by section 39.059(7), Florida Statutes (1995), which states in part:
§ 39.059(7), Fla. Stat. (1995). The State countered that Cargle failed to preserve this issue for appellate review as required by the 1996 legislative revisions to chapter 924 (Criminal Appeal Reform Act).1 Section 924.051 states in pertinent part:
§ 924.051, Fla. Stat. (Supp.1996) (emphasis added). The district court agreed with the State and affirmed the trial court's order, holding that the issue was not preserved for appellate review. See Cargle, 701 So.2d at 360
. Cargle maintains that the district court's holding is incorrect. We disagree.
This Court, in State v. T.M.B., 716 So.2d 269 (Fla.1998), held that the preservation requirements of section 924.051 of the Criminal Appeal Reform Act are inapplicable to juvenile proceedings. In the present case, however, Cargle was prosecuted and sentenced in a hybrid proceeding. The district court reasoned thusly:
We agree with the analysis and conclusion of the district court. The Legislature clearly intended that when criminal sanctions are imposed in a proceeding under section 39.059(7), the criminal statutes governing review of those sanctions apply, and that the application of procedural bars "be strictly enforced ... to ensure that all claims of error are raised and resolved at the first opportunity." § 924.051(8), Fla. Stat. (Supp.1996). In the present case, Cargle was afforded the opportunity to seek collateral review of his sentence under rules 3.800(b) and 3.850, and therefore must abide by the mandates of section 924.051, which conditions appeals and collateral review on the preservation of alleged errors in the trial court. Cargle failed to comply with the preservation requirements of section 924.051 and this issue thus was not preserved for review. Furthermore, the instant error does not constitute fundamental error as defined in ...
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