State v. Jackson, 789 So. 2d 512

PER CURIAM.

The State challenges appellee’s sentence, alleging that it constitutes an illegal downward departure sentence without ad*513equate 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, 786 So.2d 28 (Fla. 1st DCA 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.

Case Details

Case Name: State v. Jackson

Court Name: District Court of Appeal of Florida

Date Published: Jul 13, 2001

Citations: 789 So. 2d 512; 2001 WL 789067; 2001 Fla. App. LEXIS 9716; No. 1D00-2132

Docket Number: No. 1D00-2132

Court Abbreviation: Fla. Dist. Ct. App.