Watson v. State

District Court of Appeal of Florida

Watson v. State

710 So. 2d 654, 1998 Fla. App. LEXIS 4272, 1998 WL 187415

CourtDistrict Court of Appeal of Florida

DecidedApril 22, 1998

DocketNo. 97-1213

StatusPublished

Cited by2 cases

This text of 710 So. 2d 654 (Watson v. State) 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.

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Watson v. State, 710 So. 2d 654, 1998 Fla. App. LEXIS 4272, 1998 WL 187415 (Fla. Ct. App. 1998).

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Opinion

KAHN, Judge.

Appellant Watson pled guilty to two counts of burglary. A sentencing guideline score-sheet prepared for Watson scored him at 30.4 points, thus establishing a guidelines sanction of other than a state prison sentence. § 921.0014(2), Fla. Stat. (1995). Nevertheless, the trial court noted two reasons for departure and sentenced appellant to twenty-four months in State prison. Although appellant now challenges the sentence, he neither objected to the departure, nor filed a motion under Rule 3.800(b), Florida Rules of Criminal Procedure. The twenty-four month sentence is clearly not illegal. See Davis v. State, 661 So.2d 1193 (Fla.1995). Accordingly, the issue has not been properly preserved for appeal by appellant’s court-appointed counsel. See Middleton v. State, 689 So.2d 304 (Fla. 1st DCA 1997).

AFFIRMED.

MINER and ALLEN, JJ., concur.

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KAHN, Judge.

Appellant Watson pled guilty to two counts of burglary. A sentencing guideline score-sheet prepared for Watson scored him at 30.4 points, thus establishing a guidelines sanction of other than a state prison sentence. § 921.0014(2), Fla. Stat. (1995). Nevertheless, the trial court noted two reasons for departure and sentenced appellant to twenty-four months in State prison. Although appellant now challenges the sentence, he neither objected to the departure, nor filed a motion under Rule 3.800(b), Florida Rules of Criminal Procedure. The twenty-four month sentence is clearly not illegal. See Davis v. State, 661 So.2d 1193 (Fla.1995). Accordingly, the issue has not been properly preserved for appeal by appellant’s court-appointed counsel. See Middleton v. State, 689 So.2d 304 (Fla. 1st DCA 1997).

AFFIRMED.

MINER and ALLEN, JJ., concur.

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710 So. 2d 654, 1998 Fla. App. LEXIS 4272, 1998 WL 187415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watson-v-state-fladistctapp-1998.

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