Christopher Pagan v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJanuary 6, 2021
Docket2D20-0113
StatusPublished
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Full Opinion
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
CHRISTOPHER PAGAN, )
a/k/a CHRISTOPHER MATTHEW )
PAGAN, )
)
Appellant, )
)
v. ) Case No. 2D20-113
)
STATE OF FLORIDA, )
)
Appellee. )
)
Opinion filed January 6, 2021.
Appeal from the Circuit Court for Polk
County; Mark F. Carpanini, Judge.
Ita M. Neymotin, Regional Counsel, Second
District, and Joseph Thye Sexton, Assistant
Regional Counsel, Office of Criminal Conflict
and Civil Regional Counsel, Fort Myers, for
Appellant.
Ashley Moody, Attorney General,
Tallahassee, and Lindsay D. Turner,
Assistant Attorney General, Tampa, for
Appellee.
PER CURIAM.
Christopher Pagan appeals from the revocation of his probation and the
resulting sentence. On appeal, Pagan argues that the trial court erred by failing to grant
credit for time previously served in prison. The sentencing documents in our record
indicate that Pagan was credited for time served in jail, but he did not receive credit for
prison time. Although Pagan filed a motion to correct sentencing error pursuant to
Florida Rule of Criminal Procedure 3.800(b), his motion did not address this issue.
Thus, he failed to preserve this issue for appellate review.
Accordingly, we affirm without prejudice to any right Pagan might have to
file a motion to correct sentencing error under rule 3.800(a). See McCall v. State, 88
So. 3d 1015 (Fla. 2d DCA 2012). We decline to consider the other issue Pagan has
raised in this appeal because it was not preserved. See Lacey v. State, 831 So. 2d
1267, 1268 (Fla. 4th DCA 2002) (declining to consider argument that revocation of
probation was based solely on hearsay evidence where the issue was not preserved by
argument or objection during trial).
Affirmed.
SILBERMAN, VILLANTI, and SLEET, JJ., Concur.
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