From Casetext: Smarter Legal Research

Simmons v. State

District Court of Appeal of Florida, First District
Oct 10, 2007
965 So. 2d 857 (Fla. Dist. Ct. App. 2007)

Opinion

No. 1D06-5958.

October 10, 2007.

An appeal from the Circuit Court for Duval County, Mallory D. Cooper, Judge.

Nancy A. Daniels, Public Defender, and Richard M. Summa, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Joshua R. Heller and Bryan Jordan, Assistant Attorneys General, Tallahassee, for Appellee.


In this direct appeal, Appellant argues that the trial court erred in revoking his probation based upon new law violations that were not charged in the affidavit of violation of probation. However, Appellant neither lodged contemporaneous objection to the revocation nor filed a Florida Rule of Criminal Procedure 3.800(b) motion to preserve this error for appeal. Brannon v. State, 850 So.2d 452, 456 (Fla. 2003) (holding that all sentencing errors must be preserved); Jones v. State, 876 So.2d 642, 644-45 (Fla. 1st DCA 2004) (holding that revocation of probation is merely an extension of a sentencing proceeding). Therefore, we affirm the trial court's revocation of Appellant's probation.

AFFIRMED.

ALLEN, DAVIS, and BENTON, JJ., concur.


Summaries of

Simmons v. State

District Court of Appeal of Florida, First District
Oct 10, 2007
965 So. 2d 857 (Fla. Dist. Ct. App. 2007)
Case details for

Simmons v. State

Case Details

Full title:Michael SIMMONS, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Oct 10, 2007

Citations

965 So. 2d 857 (Fla. Dist. Ct. App. 2007)

Citing Cases

Davis v. State

This court has repeatedly held that sentencing errors such as the error raised here must be preserved by…