TURNER v. STATE

No. 3D03-2362.

902 So.2d 202 (2005)

Kerry D. TURNER, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 13, 2005.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Valerie Jonas Assistant Public Defender, for appellant.

Charles J. Crist, Attorney General, and Jennifer Falcone Moore, Assistant Attorney General, for appellee.

Before LEVY, GREEN, and WELLS, JJ.


WELLS, Judge.

Kerry Dwainge Turner appeals from his Gort sentence claiming that the trial court impermissibly considered his post-conviction protestations of innocence when sentencing him. We affirm the sentence for two reasons: first, because Turner failed to raise the issue below and failed to file a motion to correct his sentence pursuant to Florida Rule of Criminal Procedure 3.800(b) before filing his initial brief, second, because consideration of Turner's assertions...

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