James Chapman vs State of Florida

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JAMES CHAPMAN, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D14-1522 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed September 23, 2014. An appeal from the Circuit Court for Leon County. Jackie L. Fulford, Judge. Nancy A. Daniels, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and Kristen Bonjour, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Appellant challenges the imposition of a suspended sentence of five years’ incarceration for his conviction of driving without a license (habitual offender). Appellant asserts that his suspended sentence is not a “nonstate prison sanction” and is, therefore, an upward departure in violation of section 775.082(10), Florida Statutes (2013). Because this argument was not raised during either the sentencing hearing or via a Florida Rule of Criminal Procedure 3.800(b)(2) motion, it is unpreserved and this court cannot reach the question. Appellant’s judgment and sentence are AFFIRMED. WOLF, ROWE, and OSTERHAUS, JJ., CONCUR. 2

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