STATE OF FLORIDA, APPELLANT/CROSS-APPELLEE,
v.
ERICK K. JACKSON, APPELLEE/CROSS-APPELLANT
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PER CURIAM.
The State challenges appellee’s sentence, alleging that it constitutes an illegal downward departure sentence without ad equate reasons. The appellee, Erick K. Jackson, cross-appeals, alleging that the Criminal Punishment Code violates constitutional guarantees of due process and equal protection.
We find the State did not adequately preserve the departure sentencing issue in the trial court. The State did not object when the trial court failed to orally announce reasons for the departure or when the judge failed to enter written reasons for the departure sentence. Thus, the departure issue is not adequately preserved for appellate review. See Harvey v. State, 786 So. 2d 28 (Fla. 1st DCA 2001).
Appellee’s challenge to the Criminal Punishment Code was rejected by this court in Headley v. State, 770 So. 2d 1244 (Fla. 1st DCA 2000). The judgment and sentence of the trial court is affirmed in all respects.
ALLEN, C.J., WOLF and WEBSTER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Hamner, 816 So. 2d 810 (Fla. 5th DCA 2002)…1999). Neither was done in this case.7 Because the state failed to timely object to the departure sentence after it was imposed,8 or to the absence of reasons for its imposition, this sentencing issue was not preserved for appeal. State v. Jackson, 789 So. 2d 512 (Fla. 1st DCA 2001) (state failed to preserve for appellate review its claim the sentence was an illegal downward departure without adequate reasons where the state did not object when the trial judge failed to orally announce reasons at sentencing…
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Sebra R. Rollins v. State, 914 So. 2d 513 (Fla. 1st DCA 2005)…PER CURIAM. AFFIRMED. See Peterson v. State, 911 So. 2d 184 (Fla. 1st DCA 2005); Hall v. State, 823 So. 2d 757 (Fla.2002); Smallridge v. State, 904 So. 2d 601 (Fla. 1st DCA 2005); State v. Jackson, 789 So. 2d 512 (Fla. 1st DCA 2001). WEBSTER, VAN NORTWICK and LEWIS, JJ., Concur.…
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State v. Harvey, 274 So. 3d 1240 (Fla. 1st DCA 2019)
Authorities Cited
- Gregor v. Gregor, 786 So. 2d 28 (Fla. 1st DCA 2001)
- Headley v. State, 770 So. 2d 1244 (Fla. 1st DCA 2000)
- Al Saggese v. Dep't OF Revenue OF The State OF Fla., 770 So. 2d 1244 (Fla. 4th DCA 2000)