Zeigler v. State

Appellant’s sole issue on appeal is whether the trial court erred in failing to award credit for time served on his concurrent sentences imposed upon a violation of his probation. The state points out that the issue was not preserved for review. Florida Rule of Appellate Procedure 9.140(d) provides that:

A sentencing error may not be raised on appeal unless the alleged error has first been brought to the attention of the lower tribunal:(1) at the time of sentencing; or(2) by motion pursuant to Florida Rule of Criminal Procedure 3.800(b).

As appellant failed to preserve this issue by either…