5D11-1376 Tommy Green v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D11-1376

Case Date: 01/16/2012

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2012

TOMMY LEE GREEN, SR., Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed January 20, 2012 Appeal from the Circuit Court for Sumter County, William H. Hallman, III, Judge. James S. Purdy, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant Tommy L. Green, Sr., Wewahitchka, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D11-1376

PER CURIAM. We affirm Green's convictions and sentence without prejudice to his right to seek appropriate and timely postconviction relief. See Dunbar v. State, 35 So. 3d 54, 55 (Fla. 5th DCA 2010) (sentencing errors that occur after effective date of amendment to Florida Rule of Criminal Procedure 3.800(b), even if formerly deemed fundamental or

patent on face of record, cannot be reviewed by appellate court if issue is not raised at sentencing or in timely post-sentencing proceeding pursuant to Rule 3.800); see also Williams v. State, 56 So. 3d 899 (Fla. 5th DCA 2011). AFFIRMED.

MONACO, EVANDER and JACOBUS, JJ., concur.

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