¶1Appellant challenges the imposition of a suspended sentence of five years’ incarceration for his conviction of driving without a license (habitual offender). Appellant asserts that his suspended sentence is not a “nonstate prison sanction” and is, therefore, an upward departure in violation of section 775.082(10), Florida Statutes (2013). Because this argument was not raised during either the sentencing hearing or via a Florida Rule of Criminal Procedure 3.800(b)(2) motion, it is unpre-served and this court cannot reach the question. Appellant’s judgment and sentence are AFFIRMED.
146 So. 3d 1291
Chapman v. State
District Court of Appeal of Florida
Decided September 23, 2014
District Court of Appeal of Florida · decided 2014-09-23
Cited by 1 later decisions — most recently May 2019
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 2014-09-23
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