Legal Opinion

Helfrich v. State

District Court of Appeal of Florida

Decided July 3, 1995No. 94-2828Published

1Per curiam

This appeal arises from appellant’s conviction and sentence for felony DUI. The sentencing error alleged on appeal as Issue I does not produce an illegal or unauthorized departure sentence and was not the subject of a contemporaneous objection; therefore, we do not address that issue. State v. Whitfield, 487 So.2d 1045 (Fla.1986); see Merchant v. State, 509 So.2d 1101 (Fla.1987); Brunson v. State, 489 So.2d 1159 (Fla. 1st DCA 1986).

On Issue II, the parties concede that a simple mathematical error occurred in calculating appellant’s prior offenses point total. That error, although harmless in…

2Cases cited3 opinions

  1. State v. WhitfieldSupreme Court of Florida · 1986
  2. Merchant v. StateSupreme Court of Florida · 1987
  3. Brunson v. StateDistrict Court of Appeal of Florida · 1986

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