Alejandro Benabe-Revera v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2013 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED ALEJANDRO D. BENABE-RIVERA, Appellant, v. Case No. 5D12-500 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed October 4, 2013 Appeal from the Circuit Court for Orange County, Mike Murphy, Judge. James S. Purdy, Public Defender, and Susan A. Fagan, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Affirmed. See Brannon v. State, 850 So. 2d 452, 456 (Fla. 2003) (holding that "[f]or defendants whose initial briefs were filed after the effective date of rule 3.800(b)(2), the failure to preserve a fundamental sentencing error by motion under rule 3.800(b) or by objection during the sentencing hearing forecloses them from raising the error on direct appeal"). PALMER, ORFINGER and BERGER, JJ., concur.

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