IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
JAVIER MADERA,
Appellant,
v. Case No. 5D16-4352
STATE OF FLORIDA,
Appellee.
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Opinion filed September 22, 2017
Appeal from the Circuit Court
for St. Johns County,
J. Michael Traynor, Judge.
James S. Purdy, Public Defender, and
Allison A. Havens, Assistant Public
Defender, Daytona Beach, for Appellant.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Robin A. Compton,
Assistant Attorney General, Daytona
Beach, for Appellee.
PER CURIAM.
We affirm Appellant’s convictions and sentences but do so without prejudice to
Appellant filing a motion pursuant to Florida Rule of Criminal Procedure 3.800(a) or 3.850
on his claim that the imposition of drug offender probation in this case is illegal. Appellant
failed to preserve this claim for review on direct appeal by either contemporaneously
objecting to the alleged sentencing error or by filing a motion pursuant to rule 3.800(b)(2).
See Jackson v. State,
983 So. 2d 562, 569 (Fla. 2008).
AFFIRMED.
COHEN, C.J., LAMBERT and EDWARDS, JJ., concur.
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