Opinion
No. 99-414.
Opinion Filed September 10, 1999.
Appeal from the Circuit Court for Orange County, Margaret T. Waller, Judge.
James B. Gibson, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.
Miles Gloss appeals his sentences which were imposed by the trial court after he pled nolo contendere to the charges of burglary of a dwelling and grand theft. He contends that the trial court erred in imposing a sentence which exceeded the sentence agreed upon in the plea agreement. See Roye v. State, 693 So.2d 1072 (Fla. 5th DCA 1997); see also Russell v. State, 645 So.2d 1087 (Fla. 4th DCA 1994). However, Mr. Gloss failed to raise this objection at the trial level, and he did not file a motion to correct his sentence. See Fla. R. Crim. P. 3.800. He also failed to file a motion to withdraw his plea. See Fla. R. Crim. P. 3.170(f). As a result, his claim of sentencing error has not been properly preserved for appellate review. See § 924.051(3), Fla. Stat. (1997). Accordingly, we affirm Mr. Gloss' judgments and sentences without prejudice to the filing of a petition for postconviction relief.
§§ 810.02(3); 812.014(2)(b), Fla. Stat. (1997).
JUDGMENTS and SENTENCES AFFIRMED.
ANTOON, C.J., HARRIS and PETERSON, JJ., concur.