5D07-3092 Roger LeBlanc v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D07-3092

Case Date: 07/14/2008

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2008

ROGER D. LEBLANC, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed July 18, 2008 Appeal from the Circuit Court for Marion County, Hale R. Stancil, Judge. James S. Purdy, Public Defender, and Kevin R. Holtz, Assistant Public Defender, Daytona Beach, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Jeffrey R. Casey, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D07-3092

PER CURIAM. Appellant's first point, the legality of the fines imposed as part of his habitual offender sentence, was not preserved by contemporaneous objection or rule 3.800 motion. Accordingly, we affirm on this point without prejudice for Appellant to file a rule 3.800 motion. Polite v. State, 847 So. 2d 1156, 1157 (Fla. 5th DCA 2003).

We also affirm as to Appellant's second point. See Massey v. State, 609 So. 2d 598 (Fla. 1992). AFFIRMED. PALMER, C.J., TORPY and EVANDER, JJ., concur.

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