Noel v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED. IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT EUGENE NOEL, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ) ________________________________ ) CASE NO. 2D01-3901 Opinion filed December 11, 2002. Appeal from the Circuit Court for Sarasota County; Lee E. Haworth, Judge. James Marion Moorman, Public Defender, and Brad Permar, Assistant Public Defender, Bartow, for Appellant. Richard E. Doran, Attorney General, Tallahassee, and Deena DeGenova, Assistant Attorney General, Tampa, for Appellee. SILBERMAN, Judge. Eugene Noel appeals his convictions and sentences following his no contest plea. He argues that his sentences for various crimes were in violation of what he thought the trial court indicated would be the sentencing range. However, Noel did not raise any objection at the time of sentencing, and he did not move to withdraw his plea. Because Noel failed to first seek relief from the trial court, we affirm. See Lockhart v. State, 659 So. 2d 694 (Fla. 2d DCA 1995); Rackley v. State, 755 So. 2d 833, 834 (Fla. 5th DCA 2000). Affirmed. FULMER and WHATLEY, JJ., Concur. -2-

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