THE STATE OF FLORIDA, APPELLANT,
v.
JORGE L. VALDES, APPELLEE
THE STATE OF FLORIDA, APPELLANT,
JORGE L. VALDES, APPELLEE
677 So. 2d 107
Florida District Court of Appeal, Third District (1996)
Positive Treatment
Cited by 14 cases
Opinion of the Court
PER CURIAM.
Because the 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, 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).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Henriquez, 717 So. 2d 1087 (Fla. 3d DCA 1998)…ld have called to the trial court’s attention the need 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…
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State v. Bodden, 706 So. 2d 120 (Fla. 3d DCA 1998)…[*121] PER CURIAM. Affirmed. State v. Valdes, 677 So. 2d 107 (Fla. 3d DCA 1996); State v. Rodriguez, 673 So. 2d 187 (Fla. 3d DCA 1996).…
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State v. Hendon, 712 So. 2d 1264 (Fla. 1st DCA 1998)…PER CURIAM. In the absence of an objection below, ap-pellee’s downward departure sentence is affirmed. See State v. Rodriguez, 673 So. 2d 187 (Fla. 3d DCA 1996); State v. Valdes, 677 So. 2d 107 (Fla. 3d DCA 1996). AFFIRMED. ERVIN and LAWRENCE, JJ, and SHIVERS, DOUGLASS B„ Senior Judge, concur.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Barbera v. State, 505 So. 2d 413 (Fla. 1987)
- Herrin v. State, 568 So. 2d 920 (Fla. 1990)
- State v. Rodriguez, 673 So. 2d 187 (Fla. 3d DCA 1996)