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Engel v. State

Engel v. State, 353 So. 2d 593 (Fla. Dist. Ct. App. 1977)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
December 6, 1977
Docket
No. 76-2276
Judges
Haverfield, Nathan and Kehoe
Citations
353 So. 2d 593
Cited by 8

Opinion

353 So.2d 593 (1977)

David ENGEL, Appellant,

v.

The STATE of Florida, Appellee.

No. 76-2276.

District Court of Appeal of Florida, Third District.

December 6, 1977. Rehearing Denied January 16, 1978.

*594 Bennett H. Brummer, Public Defender, and Kurt Marmar, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Anthony Musto, Asst. Atty. Gen., for appellee.

Before HAVERFIELD, NATHAN and KEHOE, JJ.

KEHOE, Judge.

Appellant, defendant below, brings this appeal contending that the trial court erred in entering a final judgment and imposing separate sentences for offenses which were facets of the same transaction. We note that the question of the propriety of the sentences imposed upon appellant was never raised in the trial court. It is a well settled principle of law that issues not raised at trial will not be reviewed on appeal. Mariani v. Schleman, 94 So.2d 829 (Fla. 1957). This principle has been specifically applied to attempts to challenge on appeal, as appellant does here, the legality of a sentence. Jones v. State, 341 So.2d 846 (Fla. 3d DCA 1977); and Noble v. State, 338 So.2d 904 (Fla. 1st DCA 1976).

Based on these principles, the final judgment of conviction and sentences appealed are affirmed; however, this decision is without prejudice as to the question of the propriety of the sentences if the issue is otherwise properly raised, e.g., by Fla.R. Crim.Pro. 3.850.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 8 cases

View all citing references →
1979: 11980: 51981: 11984: 119792026peak 1980 · 5

Relies on it most ⓘ

  1. Walcott v. State460 So. 2d 915 (Fla. Dist. Ct. App. 1984)
  2. Gonzalez v. State392 So. 2d 334 (Fla. Dist. Ct. App. 1981)
  3. Smith v. State378 So. 2d 313 (Fla. Dist. Ct. App. 1980)
  4. Jones v. State384 So. 2d 956 (Fla. Dist. Ct. App. 1980)
  5. Abraham v. State382 So. 2d 382 (Fla. Dist. Ct. App. 1980)
  6. Ruiz v. State384 So. 2d 723 (Fla. Dist. Ct. App. 1980)

Most recent

  1. Walcott v. State460 So. 2d 915 (Fla. Dist. Ct. App. 1984)
  2. Gonzalez v. State392 So. 2d 334 (Fla. Dist. Ct. App. 1981)
  3. Jones v. State387 So. 2d 401 (Fla. Dist. Ct. App. 1980)
  4. Jones v. State384 So. 2d 956 (Fla. Dist. Ct. App. 1980)
  5. Ruiz v. State384 So. 2d 723 (Fla. Dist. Ct. App. 1980)
  6. Abraham v. State382 So. 2d 382 (Fla. Dist. Ct. App. 1980)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Mariani v. Schleman, 94 So. 2d 829 (Fla. 1957) 40
Noble v. State, 338 So. 2d 904 (Fla. Dist. Ct. App. 1976) 8
Jones v. State, 341 So. 2d 846 (Fla. Dist. Ct. App. 1977) 3
Brinkley v. Southern Bell Tel. & Tel. Co., 353 So. 2d 593 (Fla. Dist. Ct. App. 1977) 3

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