THE STATE OF FLORIDA, APPELLANT,
v.
PEDRO RODRIGUEZ, APPELLEE

Fla. 3d DCA | 1996-05-15
No. 96-358
Before SCHWARTZ, C.J., and GERSTEN and FLETCHER, JJ.
673 So. 2d 187 Florida District Court of Appeal, Third District (1996) Positive Treatment
Cited by 18 cases
Opinion of the Court
SCHWARTZ, Chief Judge.

SCHWARTZ, Chief Judge.

While the evidence presented at the sentencing hearing was arguably — though cur-ably — insufficient under the Barbera 1Herrin2 rule, compare State v. Gordon, 645 So. 2d 140 (Fla. 3d DCA 1994), review denied, 652 So. 2d 816 (Fla.1995) with State v. Porter, 659 So. 2d 328 (Fla. 3d DCA 1995), the downward departure sentence imposed below is affirmed because the state made no contemporaneous claim to that effect and thus did not preserve the issue. See Evans v. State, 619 So. 2d 520 (Fla. 1st DCA 1993); Santini v. State, 404 So. 2d 843 (Fla. 5th DCA 1981); Pinder v. State, 396 So. 2d 272 (Fla. 3d DCA 1981); State v. Hinton, 305 So. 2d 804, 808 n. 2 (Fla. 4th DCA 1975).

. Barbera v. State, 505 So. 2d 413 (Fla.1987).

. Herrin v. State, 568 So. 2d 920 (Fla.1990).

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • State v. Henriquez, 717 So. 2d 1087 (Fla. 3d DCA 1998)
    …for downward departure reasons. See § 924.051, Fla. Stat. (1997); State v. Stafford, 711 So. 2d 612, 613, 23 Fla. L. Weekly D1235, D1235-36 (Fla. 4th DCA May 20, 1998); see also State v. Valdes, 677 So. 2d 107 (Fla. 3d DCA 1996); State v. Rodriguez, 673 So. 2d 187, 188 (Fla. 3d DCA 1996).2 We also note that, even if the point had been preserved, this would be a case in which we would remand in order to allow the trial court to state departure reasons, be [*1088] cause there is no indication that the trial cou…
  • State v. Valdes, 677 So. 2d 107 (Fla. 3d DCA 1996)
    …e State failed to make a contemporaneous objection on' the basis that the evidence presented at the sentencing hearing was insufficient under the Barbera 1Mlerrin 2 rule, the State did not preserve the issue for appellate review. State v. Rodriguez, 673 So. 2d 187 (Fla. 3d DCA 1996). Accordingly, [*108] the downward departure sentence imposed by the trial court is affirmed. Affirmed. . Barbera v. State, 505 So. 2d 413 (Fla.1987). . Herrin v. State, 568 So. 2d 920 (Fla.1990).…
  • State v. Woods, 783 So. 2d 361 (Fla. 3d DCA 2001)
    …PER CURIAM. Because the State failed to properly preserve its objection to the trial court’s imposition of the downward departure sentence, we affirm. See State v. Henriquez, 717 So. 2d 1087 (Fla. 3d DCA 1998); State v. Rodriguez, 673 So. 2d 187 (Fla. 3d DCA 1996). Affirmed.…

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