TERRY WILLIAMS BROWN v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA TERRY WILLIAMS BROWN, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NOS. 1D05-3421 & 1D05-3422 STATE OF FLORIDA, Appellee. ___________________________/ Opinion filed August 8, 2006. An appeal from the Circuit Court for Alachua County. Aymer L. Curtin, Judge. Nancy A. Daniels, Public Defender, and John B. Kelly, III, Assistant Public Defender, Tallahassee, for Appellant. Charlie Crist, Attorney General, and Charlie McCoy, Senior Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Affirmed. See Brannon v. State, 850 So. 2d 452, 456 (Fla. 2003) ( [T]he failure to preserve a fundamental sentencing error by motion under rule 3.800(b) or by objection during the sentencing hearing forecloses [the appellant] from raising the error on direct appeal. ); Jones v. State, 876 So. 2d 642, 645 (Fla. 1st DCA 2004) ( Sentencing errors are not reviewable on direct appeal unless they are preserved in the trial court, either by timely objection at sentencing or by a timely filed motion pursuant to Florida Rule of Criminal Procedure 3.800(b). ). ERVIN, BENTON, and BROWNING, JJ., CONCUR. 2

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