Harley v. State, 2D03-5028.

Citation924 So.2d 831
Decision Date19 October 2005
Docket NumberNo. 2D03-5028.,2D03-5028.
PartiesLasundra A. HARLEY, Appellant, v. STATE of Florida, Appellee.
CourtCourt of Appeal of Florida (US)

Appeal from the Circuit Court for Lee County; Thomas S. Reese, Judge.

Laura Griffin, Ponte Vedra Beach, for Appellant.

Charles T. Crist, Jr., Attorney General, Tallahassee, and Marilyn Muir Beccue, Assistant Attorney General, Tampa, for Appellee.

CANADY, Judge.

Lasundra Harley appeals her conviction for aggravated child abuse after a jury trial, as well as her sixty-two month prison sentence. We affirm her conviction without comment. We affirm Harley's sentence because her claim of vindictive sentence was not preserved for appeal. She did not object or raise the specific issue at sentencing, and she did not file a motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b). See Brannon v. State, 850 So.2d 452, 456 (Fla.2003) (holding that "failure to preserve a fundamental sentencing error by motion under rule 3.800(b) or by objection during the sentencing hearing forecloses [a defendant] from raising the error on direct appeal").

Affirmed.

NORTHCUTT and SALCINES, JJ., Concur.

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10 cases
  • Jackson v. State
    • United States
    • United States State Supreme Court of Florida
    • May 29, 2008
    ...as a claim of sentencing error which must be preserved in order to be raised on appeal." Id. at 614-15 (citing Harley v. State, 924 So.2d 831, 832 (Fla. 2d DCA 2005)). The district court concluded that any error that affects the sentencing proceeding is subject to rules 3.800(b) and 9.140(e......
  • Harris v. State
    • United States
    • Court of Appeal of Florida (US)
    • June 22, 2007
    ...of sentencing error within the scope of rule 3.800(b)(2). See Jackson v. State, 952 So.2d 613 (Fla. 2d DCA 2007); Harley v. State, 924 So.2d 831 (Fla. 2d DCA 2005); see also Summerlin v. State, 901 So.2d 997 (Fla. 2d DCA 8. Two Fourth District cases appear to be inconsistent with the holdin......
  • Musgrave v. Musgrave
    • United States
    • Court of Appeal of Florida (US)
    • November 27, 2019
  • Jackson v. State
    • United States
    • Court of Appeal of Florida (US)
    • March 30, 2007
    ...a sentencing proceeding as a claim of sentencing error which must be preserved in order to be raised on appeal. In Harley v. State, 924 So.2d 831, 832 (Fla. 2d DCA 2005), this court held that a claim of vindictive sentencing—a due process claim—that was not raised at sentencing or in a rule......
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