5D01-2992 Durham v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D01-2992

Case Date: 07/29/2002

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2002

DONN DURHAM, Appellant, v. Case No. 5D01-2992 STATE OF FLORIDA, Appellee. / Opinion filed August 2, 2002 Appeal from the Circuit Court for Seminole County, Kenneth R. Lester, Jr., Judge James B. Gibson, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Lamya A. Henry, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. AFFIRMED. See Hall v. State, 27 Fla. L. Weekly S627, S628 (Fla. July 3, 2002) (holding that in order to appeal the length of a sentence within the statutory maximum, a defendant must argue that his sentence was the result of vindictiveness).

SHARP, W., HARRIS and ORFINGER, R. B., JJ., concur.

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