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Garmony v. State

District Court of Appeal of Florida, Second District
Jul 6, 1984
452 So. 2d 1042 (Fla. Dist. Ct. App. 1984)

Summary

In Garmony, the appellant claimed on direct appeal that an illegal sentence had been imposed because of ex post facto application of a retention of jurisdiction statute.

Summary of this case from Styles v. State

Opinion

No. 83-2081.

July 6, 1984.

Appeal from Circuit Court, Pasco County; Lawrence E. Keough, Judge.

Jerry Hill, Public Defender, and L.S. Alperstein, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee.


Wesley Garmony appeals from his convictions of and sentences for two counts of robbery with a firearm.

We find no merit to defendant's claim that he committed one robbery rather than two. See Brown v. State, 430 So.2d 446 (Fla. 1983); Hillman v. State, 410 So.2d 180 (Fla. 2d DCA 1982).

As his second point on appeal, defendant claims that the trial court erred in retaining jurisdiction over one-half of his sentence. Defendant failed to raise this point in the lower court, and therefore the issue was not preserved for appeal. See Springfield v. State, 443 So.2d 484 (Fla. 2d DCA 1984).

We affirm defendant's convictions and sentences, but do so without prejudice to his ability to raise the retention of jurisdiction issue in the lower court in a properly filed motion for post-conviction relief under rule 3.850.

RYDER, C.J., and SCHEB and OTT, JJ., concur.


Summaries of

Garmony v. State

District Court of Appeal of Florida, Second District
Jul 6, 1984
452 So. 2d 1042 (Fla. Dist. Ct. App. 1984)

In Garmony, the appellant claimed on direct appeal that an illegal sentence had been imposed because of ex post facto application of a retention of jurisdiction statute.

Summary of this case from Styles v. State
Case details for

Garmony v. State

Case Details

Full title:WESLEY GARMONY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jul 6, 1984

Citations

452 So. 2d 1042 (Fla. Dist. Ct. App. 1984)

Citing Cases

Styles v. State

420 So.2d at 908. Then, in Garmony v. State, 452 So.2d 1042 (Fla. 2d DCA 1984), the appellant claimed on…