STATE OF FLORIDA, APPELLANT,
v.
JAMES KEVIN DORT, APPELLEE
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The court held that the state failed to preserve the issue of a downward departure sentence for appellate review.
The state challenged the circuit court's imposition of a downward departure sentence without written reasons or proper analysis. The state did not obj…
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GROSS, J.
The state challenges the circuit court’s imposition of a downward departure sentence without providing written reasons or engaging in the proper analysis. See §§ 921.0026(1), 921.00265, Fla. Stat. (2004); State v. Baksh, 758 So. 2d 1222, 1224-25 (Fla. 4th DCA 2000). We affirm the sentence because the state failed to preserve the issue in the trial court.
An appeal may not be taken from a trial court judgment unless a prejudicial error is “properly preserved,” or the error amounts to fundamental error. See § 924.051(3), Fla. Stat. (2005). To satisfy this preservation requirement, “an issue, legal argument, or objection to evidence” must be “timely raised before, and ruled on by, the trial court, and ... the issue, legal argument, or objection to evidence” must have been “sufficiently precise that it fairly apprised the trial court of the relief sought and the grounds therefore.” § 924.051(1)(b), Fla. Stat. (2005). “The purpose of this rule is to ‘placet ] the trial judge on notice that error may have been committed, and providet ] him an opportunity to correct it at an early stage of the proceedings.’ ” Harrell v. State, 894 So. 2d 935, 940 (Fla.2005) (citing Castor v. State, 365 So. 2d 701, 703 (Fla.1978)).
At the sentencing hearing in this case, the state failed to object to the downward departure sentence. The sentencing issue has therefore not been preserved for appellate review. See Douglas v. State, 913 So. 2d 1234, 1237 (Fla. 3d DCA 2005).
Affirmed.
WARNER and HAZOURI, JJ., concur.
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Shenfeld v. State, 14 So. 3d 1021 (Fla. 4th DCA 2009)…that Shenfeld was improperly placed on drug offender probation and administrative probation. These arguments were waived by the State because it did not object to or timely appeal from any of the alleged errors by the trial court. See State v. Dort, 929 So. 2d 1190, 1190-91 (Fla. 4th DCA 2006); State v. Ackerman, 785 So. 2d 1229, 1231 (Fla. 4th DCA 2001). Based upon Shenfeld’s original suspended sentence, the maximum sentence he could have received was five years for violating the terms of his probation. Acco…
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Hobgood v. State, 166 So. 3d 840 (Fla. 4th DCA 2015)…the sentence is below the lowest permissible sentence/'). However, the state failed to object to the trial court's oral pronouncement of 48 months, thereby failing to preserve the error and precluding it from a successful appeal. See State v. Dort, 929 So. 2d 1190, 1190-91 (Fla. 4th DCA 2006) (affirming "the circuit court's imposition of a downward departure sentence without providing written reasons or engaging in the proper analysis ... because the state failed to preserve the issue in the trial court”).…
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State v. Tabias Calvert, 15 So. 3d 946 (Fla. 4th DCA 2009)…§§ 921.001(6), 921.0016(l)(c), Fla. Stat. (2008). The State’s failure to object to a trial court’s imposition of a downward departure sentence without providing written reasons or engaging in the proper analysis is unpreserved error. State v. Doit, 929 So. 2d 1190, 1191 (Fla. 4th DCA 2006); State v. Golkiewicz, 930 So. 2d 862, 862-63 (Fla. 4th DCA 2006) (“The state challenges the circuit court’s imposition of a downward departure sentence without providing written reason» or engaging in the proper analysis. W…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Castor v. State, 365 So. 2d 701 (Fla. 1978)
- Harrell v. State, 894 So. 2d 935 (Fla. 2005)
- Sanchez v. Wal-Mart Stores, Inc., 758 So. 2d 1222 (Fla. 4th DCA 2000)
- State v. Imran Baksh, 758 So. 2d 1222 (Fla. 4th DCA 2000)
- Douglas v. State, 913 So. 2d 1234 (Fla. 3d DCA 2005)