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887 So. 2d 411

R.C.M. v. State

District Court of Appeal of Florida

Decided October 20, 2004

District Court of Appeal of Florida · decided 2004-10-20

Cited by 2 later decisions — most recently March 2007

2 state decisions

Relies on 850 So. 2d 452 - Brannon v. State · I.B. v. State · D.M.W. v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2004-10-20

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SILBERMAN, Judge.

¶1R.C.M. appeals an order withholding adjudication and imposing probation following his no contest plea to possession of marijuana. He argues that his disposition order is illegal because his probationary term exceeds the maximum sentence that could lawfully be imposed.

¶2*412We affirm because R.C.M. failed to preserve this issue for appeal. See Fla. R. Juv. P. 8.135; Brannon v. State, 850 So.2d 452, 456 (Fla.2003) (noting that even fundamental sentencing error cannot be raised on appeal without first being preserved by objection or motion to correct sentence); D.M.W. v. State, 823 So.2d 139, 140 (Fla. 2d DCA 2002) (reiterating that preservation of error is required in juvenile proceedings); I.B. v. State, 816 So.2d 230, 231 (Fla. 5th DCA 2002) (emphasizing that errors in juvenile disposition orders, including fundamental errors, must be properly preserved and corrected in accordance with rule 8.135). Our affirmance is without prejudice to R.C.M. filing a motion to correct disposition order pursuant to Florida Rule of Juvenile Procedure 8.135(a).

¶3Affirmed.

NORTHCUTT and VILLANTI, JJ., Concur.
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