Manning v. State

Peter MANNING, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided January 4, 1985.

Rehearing Denied January 30, 1985.

District Court of Appeal of Florida · decided 1985-01-04

Cited by 4 later decisions — most recently January 1990

4 state decisions

Relies on Trushin v. State · 450 So. 2d 1212 - Alexander v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-01-04

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¶1Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and Robert L. Teitler, Asst. Atty. Gen., West Palm Beach, for appellee.

¶3PER CURIAM.

¶4Appellant "affirmatively selected" to be sentenced by the trial court under the sentencing guidelines. See § 921.001, Fla. Stat. (1983); Fla.R.Crim.P. 3.701. On appeal he challenges for the first time the constitutionality of the application of the above cited statute to the facts of his case. Only challenges which allege facial unconstitutionality of a statute raise a question as to subject matter jurisdiction and are therefore arguable, as fundamental, for the first time on appeal. Thus, the instant challenge was waived by the failure to raise it in the trial court. Trushin v. State, 425 So.2d 1126 (Fla. 1983); Alexander v. State, 450 So.2d 1212 (Fla. 4th DCA 1984).

¶5ANSTEAD, C.J., and HERSEY and GLICKSTEIN, JJ., concur.