STATE OF FLORIDA, APPELLANT,
v.
LOUIS S. BACCARI, APPELLEE
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PER CURIAM.
The state appeals a departure sentence, arguing that the reasons given by the trial court are not valid grounds for departure. At the sentencing hearing a number of reasons for departure were discussed, and the state argued that some of them were either no longer valid or were not valid under the facts of this case. The court then pronounced the sentence and listed four written reasons for departure on the scoresheet. We affirm without reaching the issue of whether the reasons were valid, because we find that the state failed to object to at least two of the four reasons contained on the scoresheet. The alleged error may not, therefore, be raised on appeal. Fla.R.App.P. 9.140(d). State v. Henriquez, 717 So. 2d 1087 (Fla. 3d DCA 1998) and cases cited.
Affirmed
POLEN, KLEIN and SHAHOOD, JJ., concur.
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Citator
Cited By
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State v. Amodeo, 750 So. 2d 664 (Fla. 5th DCA 1999)…on by the trial court. The issue must be sufficiently precise that it fairly apprises the trial court of the relief sought and the grounds for the objection. 924.051(l)(b); State v. Mae, 706 So. 2d 350 (Fla. 2d DCA 1998). See also State v. Baccari, 730 So. 2d 806 (Fla. 4th DCA 1999) (alleged error in imposing downward departure sentence could not be raised on appeal where the trial court listed four reasons for departure but the State failed to object to at least two of these reasons). We expect the State t…
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State v. Ackerman, 785 So. 2d 1229 (Fla. 4th DCA 2001)…a downward departure. The state appealed, asserting that the absence of departure reasons required reversal. The appellate court refused to consider the issue, finding that it had not been properly preserved. Id. at 1087. See also State v. Baccari, 730 So. 2d 806 (Fla. 4th DCA 1999); State v. Stafford, 711 So. 2d 612 (Fla. 4th DCA 1998). If section 893.135(3) is read as mandatory, the alleged error is patent. However, it does not rise to the level of seriousness required by Maddox. Cases allowing sentencing…
Authorities Cited
- State v. Henriquez, 717 So. 2d 1087 (Fla. 3d DCA 1998)