Legal Opinion

Brazee v. State

District Court of Appeal of Florida

Decided April 16, 2014No. 4D12-2887Published

1Per curiam

The defendant appeals his resentencing for three counts of dealing in stolen property and two counts of giving false information to a pawnbroker. He argues that the circuit court erred in failing to orally pronounce his drug offender conditions of probation at the resentencing. The state argues that the defendant failed to preserve this issue through the filing of a Florida Rule of Criminal Procedure 3.800(b) (2012) motion to correct sentencing error before this appeal or while this appeal was pending.

We agree with the state. Although the defendant filed a rule 3.800(b) motion which led to…

2Cases cited1 opinion

  1. Fortner v. StateDistrict Court of Appeal of Florida · 2010

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