State v. Barbe

District Court of Appeal of Florida

State v. Barbe

755 So. 2d 201, 2000 Fla. App. LEXIS 4655, 2000 WL 423362

CourtDistrict Court of Appeal of Florida

DecidedApril 20, 2000

DocketNo. 5D99-2746

StatusPublished

This text of 755 So. 2d 201 (State v. Barbe) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Barbe, 755 So. 2d 201, 2000 Fla. App. LEXIS 4655, 2000 WL 423362 (Fla. Ct. App. 2000).

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Opinion

ANTOON, C.J.

The State appeals the downward departure sentence given Mr. Barbe by the trial court after Mr. Barbe pleaded no contest to one count of aggravated child abuse. We affirm. Even though the reason given by the trial court was legally insufficient to support the downward departure, the State failed to preserve the error,by making an objection in the trial court. See §§ 924.051(1) — (3), Fla. Stat. (1999); State v. Cummings, 748 So.2d 388 (Fla. 5th DCA 2000) (holding that state’s failure to object at sentencing hearing to improper down[202]*202ward departure precluded appellate review).

AFFIRMED.

GRIFFIN and THOMPSON, JJ., concur.

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ANTOON, C.J.

The State appeals the downward departure sentence given Mr. Barbe by the trial court after Mr. Barbe pleaded no contest to one count of aggravated child abuse. We affirm. Even though the reason given by the trial court was legally insufficient to support the downward departure, the State failed to preserve the error,by making an objection in the trial court. See §§ 924.051(1) — (3), Fla. Stat. (1999); State v. Cummings, 748 So.2d 388 (Fla. 5th DCA 2000) (holding that state’s failure to object at sentencing hearing to improper down[202]*202ward departure precluded appellate review).

AFFIRMED.

GRIFFIN and THOMPSON, JJ., concur.

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Bluebook (online)

755 So. 2d 201, 2000 Fla. App. LEXIS 4655, 2000 WL 423362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-barbe-fladistctapp-2000.

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