Brian Antonio Everett v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledAugust 17, 2020
Docket1D19-1786
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-1786
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BRIAN ANTONIO EVERETT,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Duval County.
Angela M. Cox, Judge.
August 17, 2020
PER CURIAM.
In this direct appeal from a judgment and sentence, Brian
Antonio Everett raises claims of sentencing error that he did not
preserve by either a contemporaneous objection or a rule 3.800(b)
motion. See Jackson v. State, 983 So. 2d 562, 569 (Fla. 2008)
(clarifying that an appellate court may not review a “sentencing
error,” even if fundamental, for the first time on appeal); see also
Daniels v. State, 118 So. 3d 996, 997 (Fla. 1st DCA 2013) (“Claims
that the written judgment and sentence do not conform to the oral
pronouncement must be preserved either with a contemporaneous
objection, if possible, or by filing a Florida Rule of Criminal
Procedure 3.800(b)(2) motion before filing the initial brief.”).
Because Everett failed to preserve his claims in the trial court, his
remedy, if any, must be by proper motion for postconviction relief.
AFFIRMED.
RAY, C.J., and B.L. THOMAS and KELSEY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Rodney G. Gregory of The Gregory Law Firm, Jacksonville, for
Appellant.
Ashley Moody, Attorney General, and Damaris E. Reynolds,
Assistant Attorney General, Tallahassee, for Appellee.
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