STATE OF FLORIDA
v.
YOLANDA DENISE HARVEY
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Although a trial court errs in failing to provide written or oral findings supporting a downward-departure sentence as required by statute, the error is not reviewable on appeal when the State fails to object at sentencing.
[1] The State must preserve the issue of a trial court's failure to provide findings supporting a downward-departure sentence by objecting at sentencing; failure to object wa…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The State must call the court's attention to the need for downward departure reasons with a proper objection.”
Court citing State v. Green, 12 So. 3d 796, 797 (Fla. 3d DCA 2009) to establish the preservation requirement.
Yolanda Denise Harvey violated community control, her fourth violation of supervision following an original probation sentence. The trial court impose…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D18-1606 _____________________________
STATE OF FLORIDA,
Appellant,
v.
YOLANDA DENISE HARVEY,
Appellee. _____________________________
On appeal from the Circuit Court for Escambia County.
W. Joel Boles, Judge.
June 28, 2019
PER CURIAM.
The State appeals the trial court’s imposition of a downwarddeparture sentence for Appellee’s violation of community control, which was her fourth violation of supervision following an original sentence of probation. Although the trial court erred in failing to make oral or written findings supporting the downward departure as required by section 921.00265(2), Florida Statutes (2017), we are constrained to affirm because the error was not preserved—the State did not object. “The State must call the court’s attention to the need for downward departure reasons with a proper objection.” State v. Green, 12 So. 3d 796, 797 (Fla. 3d DCA 2009); see also State v. Colbert, 968 So. 2d 1043, 1045 (Fla. 5th DCA 2007) (finding general objection insufficient); State v. Dort, 929 So. 2d 1190, 1191 (Fla. 4th DCA 2006) (finding no
2
preservation, and affirming, where State did not object to downward departure sentence); State v. Jackson, 789 So. 2d 512, 513 (Fla. 1st DCA 2001) (affirming for lack of preservation although trial court failed to give oral or written grounds for downward departure).
AFFIRMED.
ROWE, BILBREY, and KELSEY, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Ashley Moody, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee; Yaritza Flores-Collazo, Assistant State Attorney, Office of the State Attorney, Pensacola, for Appellant.
Andy Thomas, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Colbert, 968 So. 2d 1043 (Fla. 5th DCA 2007)
- State v. Dort, 929 So. 2d 1190 (Fla. 4th DCA 2006)
- State v. Erick K. Jackson, 789 So. 2d 512 (Fla. 1st DCA 2001)
- State v. Green, 12 So. 3d 796 (Fla. 3d DCA 2009)