Lagasse v. State of Florida

Summary

The Florida Second District Court of Appeal affirmed Melissa Anne Lagasse's sentence, which exceeded an agreed-upon sentencing cap after she failed to appear at sentencing. The court held that her unpreserved challenge to the trial court's failure to make findings that her absence was willful could not be raised as ineffective assistance of counsel on direct appeal absent fundamental error. The affirmance was without prejudice to pursuing ineffective assistance through a motion under Florida Rule of Criminal Procedure 3.850.

Holdings

1. An unpreserved claim of ineffective assistance of counsel cannot be raised or result in reversal on direct appeal absent a showing of fundamental error.
2. A defendant must object during the sentencing proceedings to the trial court's failure to make willfulness findings in order to preserve that challenge for appeal.
3. The sentence is affirmed because Lagasse failed to preserve her challenge and did not establish fundamental error.

Questions Presented

1. Whether Lagasse could obtain direct appellate review of the trial court's failure to make willfulness findings when she did not object below.
2. Whether the lack of an objection could be treated on direct appeal as ineffective assistance of counsel apparent on the face of the record.
3. Whether the sentence should be affirmed despite the unpreserved challenge.

Disposition

affirmed