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965 So. 2d 857

Docket No. 1D06-5958.

Simmons v. State

Michael SIMMONS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 10, 2007.

District Court of Appeal of Florida · decided 2007-10-10

Cited by 1 later decisions — most recently November 2007

1 state decisions

Relies on 850 So. 2d 452 - Brannon v. State · 876 So. 2d 642 - Jones v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2007-10-10

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¶1Nancy A. Daniels, Public Defender, and Richard M. Summa, Assistant Public Defender, Tallahassee, for Appellant.

¶2Bill McCollum, Attorney General, and Joshua R. Heller and Bryan Jordan, Assistant Attorneys General, Tallahassee, for Appellee.

¶3PER CURIAM.

¶4In this direct appeal, Appellant argues that the trial court erred in revoking his probation based upon new law violations that were not charged in the affidavit of violation of probation. However, Appellant neither lodged contemporaneous objection to the revocation nor filed a Florida Rule of Criminal Procedure 3.800(b) motion to preserve this error for appeal. Brannon v. State,850 So.2d 452, 456 (Fla. 2003) (holding that all sentencing errors must be preserved); Jones v. State,876 So.2d 642, 644-45 (Fla. 1st DCA 2004) (holding that revocation of probation is merely an extension of a sentencing proceeding). Therefore, we affirm the trial court's revocation of Appellant's probation.

¶5AFFIRMED.

¶6ALLEN, DAVIS, and BENTON, JJ., concur.

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