Polite v. State

Full title: SELENA POLITE, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: Jun 27, 2003

847 So. 2d 1156 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 5D02-2856.

Opinion filed June 27, 2003.

Appeal from the Circuit Court for Volusia County, David A. Monaco, Judge.

James B. Gibson, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Appellant challenges her sentences on the basis that the written sentences do not conform to the oral pronouncement of the judge. Although she might be correct, this issue was not preserved for review on direct appeal. Washington v. State, 814 So.2d 1187 (Fla. 5th DCA), rev. dismissed, 831 So.2d 675 (Fla. 2002). The judgment and sentence are, therefore, affirmed without prejudice for appellant to file a motion pursuant to rule 3.800(a) of the Florida Rules of Criminal Procedure.

AFFIRMED.

PETERSON, GRIFFIN and TORPY, JJ., concur.