Summary
affirming for lack of preservation although trial court failed to give oral or written grounds for downward departure
Summary of this case from State v. HarveyOpinion
Case No. 1D00-2132
Opinion filed July 13, 2001.
An appeal from the Circuit Court for Leon County. Charles A. Francis, Judge.
Robert A. Butterworth, Attorney General; Karen M. Holland, Assistant Attorney General, Tallahassee, for appellant/cross-appellee.
Nancy A. Daniels, Public Defender; P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for appellee/cross-appellant.
The State challenges appellee's sentence, alleging that it constitutes an illegal downward departure sentence without adequate 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, 26 Fla. L. Weekly D1151 (Fla. 1st DCA May 1, 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.