CLARENCE FREEMAN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
CLARENCE FREEMAN, PETITIONER,
STATE OF FLORIDA, RESPONDENT
963 So. 2d 747
Florida District Court of Appeal, First District (2007)
Positive Treatment
Cited by 11 cases
Opinion of the Court
PER CURIAM.
DENIED. Fla. R.App. P. 9.141(c)(4)(A).
BENTON, PADOVANO, and THOMAS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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State v. Colbert, 968 So. 2d 1043 (Fla. 5th DCA 2007)…ize that a general objection, such as the one made here, can be sufficient to preserve the State’s right to challenge the basis for a downward departure sentence “when the basis for that objection clearly appears from the context,” State v. Roberts, 963 So. 2d 747 (Fla. 3d DCA 2007), or when “it is clear from the hearing transcript that the trial court was aware of the legal errors associated with its ruling” and therefore “had the opportunity to correct it.” State v. Walker, 923 So. 2d 1262, 1265 (Fla. 1st D…1 / 2
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State v. Lettrice Johnson, 990 So. 2d 1115 (Fla. 3d DCA 2008)…ed concern informs the court of the alleged error, then the issue is properly preserved for appeal. 813 So. 2d at 154. Further, a “general objection” is sufficient when the basis for that objection clearly appears from the context. State v. Roberts, 963 So. 2d 747 (Fla. 3d DCA 2007). Similarly, no magic words are necessary to require a trial court to follow the sentencing guidelines. Regardless, here, the sentencing guidelines scoresheet is part of the record. The trial court, however, aware of the guideline…
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State v. Garza, 118 So. 3d 856 (Fla. 5th DCA 2013)…5th DCA 2007) (finding objection to downward departure not specific enough to preserve error and explaining that a general objection suffices only “ ‘when the basis for that objection clearly appears from the context.)’ ” (quoting State v. Roberts, 963 So. 2d 747, 748 (Fla. 3d DCA 2007)). Garza cites State v. Calvert, 15 So. 3d 946 (Fla. 4th DCA 2009), as support for his position that the State also failed to properly preserve the issue relating to the withhold of adjudication on the second-degree felony tr…
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