Spence v. State

Full title: Linford Ricardo SPENCE, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Aug 18, 2004

882 So. 2d 427 (Fla. Dist. Ct. App. 2004)

Opinion

No. 4D04-495.

August 18, 2004.

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Burton C. Conner, Judge; L.T. Case No. 00-3614 CFA.

Carey Haughwout, Public Defender, Richard B. Greene, Assistant Public Defender, West Palm Beach, and Linford Ricardo Spence, Milton, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed. This court's affirmance is without prejudice to appellant raising the sentencing issue in the trial court by petition for post-conviction relief. See Drayton v. State, 791 So.2d 522, 523 (Fla. 4th DCA 2001); Garrett v. State, 788 So.2d 328 (Fla. 4th DCA 2001). See also Boler v. State, 678 So.2d 319 (Fla. 1996); Hale v. State, 630 So.2d 521, 524 (Fla. 1993).

STONE, WARNER and SHAHOOD, JJ., concur.