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731 So. 2d 2

Docket No. 96-04245.

Leonard v. State

David LEONARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided June 10, 1998.

District Court of Appeal of Florida · decided 1998-06-10

Cited by 8 later decisions — most recently December 2015

7 state decisions

Key passage — most relied on by later courts

“[b]ecause Leonard pleaded guilty to the underlying offense and failed to bring this error to the trial court's attention first, pursuant to section 924.051(4), Florida Statutes (Supp.1996), we are without jurisdiction to entertain this issue on direct appeal.”

quoted by 1 later decision, including 760 So. 2d 114 - Leonard v. State

“without prejudice to Leonard to seek correction of this possible error by filing a motion pursuant to Florida Rule of Criminal Procedure 3.800(a).”

quoted by 1 later decision, including 760 So. 2d 114 - Leonard v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1998-06-10

View the full empirical analysis of this case →

¶1James Marion Moorman, Public Defender, and A. Victoria Wiggins, Assistant Public Defender, Bartow, for Appellant.

¶2Robert A. Butterworth, Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellee.

¶3PER CURIAM.

¶4In this direct appeal, David Leonard challenges, as illegal, the thirty-year sentence he received when the probation he was serving on a second-degree felony was revoked. See §§ 775.082(3)(c), 800.04, Fla. Stat. (1987). No other issues are raised. Because Leonard pleaded guilty to the underlying offense and failed to bring this error to the trial court's attention first, pursuant to section 924.051(4), Florida Statutes (Supp.1996), we are without jurisdiction to entertain this issue on direct appeal. Therefore, we dismiss this appeal without prejudice to Leonard to seek correction of this possible error by filing a motion pursuant to Florida Rule of Criminal Procedure 3.800(a).

¶5Dismissed.

¶6ALTENBERND, A.C.J., and FULMER and CASANUEVA, JJ., concur.

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