NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
MICHAEL ALLEN GUNN, DOC #C12113, )
)
Appellant, )
)
v. )
) Case No. 2D18-783
STATE OF FLORIDA, )
)
Appellee. )
)
Opinion filed April 17, 2019.
Appeal from the Circuit Court for Polk
County; Jalal Harb, Judge.
Howard L. Dimmig, II, Public Defender,
and Siobhan Helene Shea, Special
Assistant Public Defender, Bartow, for
Appellant.
Ashley Moody, Attorney General,
Tallahassee, and Blain A. Goff, Assistant
Attorney General, Tampa, for Appellee.
PER CURIAM.
Affirmed without prejudice to any right the appellant may have to file an
appropriate postconviction motion addressing his unpreserved challenge to his
sentence if he can do so in good faith. See Gordon v. State, 139 So. 3d 958, 960 (Fla.
2d DCA 2014) ("[F]or sentencing errors, to raise even fundamental error on appeal,
defendants must first file a motion under [Florida Rule of Criminal Procedure] 3.800(b)."
(quoting Jackson v. State, 983 So. 2d 562, 569 (Fla. 2008))); Young v. State, 988 So.
2d 1128, 1129 (Fla. 2d DCA 2008) (explaining that a claim that a defendant's life
sentence exceeded the thirty-year statutory maximum could not be addressed on
appeal when the appellant "did not preserve this issue for appellate review by objecting
during the sentencing hearing or by filing a motion in accordance with Florida Rule of
Criminal Procedure 3.800(b)").
LaROSE, C.J., and KHOUZAM and SLEET, JJ., Concur.
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