Tunsil v. State

Full title: Douglas TUNSIL, III, Appellant, v. The STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Jun 7, 2006

929 So. 2d 665 (Fla. Dist. Ct. App. 2006)

Opinion

No. 3D06-884.

May 17, 2006. Rehearing Denied June 7, 2006.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Mark King Leban, Judge.

Douglas Tunsil, III, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

Before WELLS, CORTIÑAS, and ROTHENBERG JJ.

PER CURIAM.

Affirmed. See Reese v. State, 899 So.2d 428 (Fla. 3d DCA 2005) (confirming that infirmity in notice of intent to seek enhanced sentence must be raised in a timely Rule 3.850 motion); Tunsil v. State, 797 So.2d 651, 653 (Fla. 3d DCA 2001) (remanding for resentencing as expressly ordered and stating "[d]efendant need not be present" for same).