Opinion
No. 98-2438.
Opinion filed October 27, 1999.
An appeal from the Circuit Court for Dade County, Manuel Crespo, Judge, L.T. No. 94-25376.
Robert A. Butterworth, Attorney General, and Lara J. Edelstein, Assistant Attorney General, for appellant.
Bennett H. Brummer, Public Defender, and Robert Godfrey, Special Assistant Public Defender, for appellee.
Before SCHWARTZ, C.J., and NESBITT, and SORONDO, JJ.
Affirmed. See Castor v. State, 365 So.2d 701 (Fla. 1978); State v. Henriquez, 717 So.2d 1087 (Fla. 3d DCA 1998); Evans v. State, 619 So.2d 520 (Fla. 1st DCA 1993).
NESBITT, and SORONDO, JJ., concur.
While the downward departure involved in this case was supported by no written reasons at all, and the ground orally announced at sentencing was utterly insufficient, I concur in affirmance only because fundamental error was not involved and the state did not raise and preserve its contentions in the trial court as required by the Criminal Appeal Reform Act of 1996. See §§ 924.051(1)(b), (2), Fla. Stat. (1997); Jordan v. State, 728 So.2d 748 (Fla. 3d DCA 1998), review granted, 735 So.2d 1285 (Fla. 1999); Weiss v. State, 720 So.2d 1113 (Fla. 3d DCA 1998), review granted, 729 So.2d 396 (Fla. 1999).