JOHNNY GRAHAM, JR. v. STATE OF FLORIDA

District Court of Appeal of Florida · Dec 5, 2018

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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

JOHNNY GRAHAM, JR., ) ) Appellant, ) ) v. ) Case No. 2D17-1955 ) STATE OF FLORIDA, ) ) Appellee. ) )

Opinion filed December 5, 2018.

Appeal from the Circuit Court for Sarasota County; Thomas W. Krug, Judge.

Howard L. Dimmig, II, Public Defender, and J. L. "Ray" LeGrande, Special Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Elba Caridad Martin, Assistant Attorney General, Tampa, for Appellee.

LaROSE, Chief Judge.

Johnny Graham, Jr., appeals his judgment and sentences for two counts of capital sexual battery under section 794.011(2)(a), Florida Statutes (2015). Finding no fundamental error, we affirm without comment. See Fleitas v. State, 3 So. 3d 351, 355 n.3 (Fla. 3d DCA 2008) (stating that in the absence of a specific and contemporaneous legal objection to allegedly improper bolstering, such an unpreserved claim, on appeal, is subject to a fundamental error analysis). Our affirmance is without prejudice to Mr. Graham's right to file a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850.

Affirmed. VILLANTI and LUCAS, JJ., Concur.

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