State v. Valdes

Jul 31, 1996
96-162
Versions:677 So. 2d 107
1996 WL 426358

Robert A. Butterworth, Attorney General and Linda S. Katz, Assistant Attorney General, for appellant.

Bennett H. Brummer, Public Defender and Harvey J. Sepler, Assistant Public Defender, for appellee.

Before GODERICH, GREEN and FLETCHER, JJ.

PER CURIAM.

Because the State failed to make a contemporaneous objection on the basis that the evidence presented at the sentencing hearing was insufficient under the Barbera1-Herrin2 rule, the State did not preserve the issue for appellate review. State v. Rodriguez, 673 So. 2d 187 (Fla. 3d DCA 1996). Accordingly, the downward departure sentence imposed by the trial court is affirmed.

Affirmed.

NOTES

Notes

1 [1] Barbera v. State, 505 So. 2d 413 (Fla. 1987).

2 [2] Herrin v. State, 568 So. 2d 920 (Fla. 1990).

Notes

1
[1] Barbera v. State, 505 So. 2d 413 (Fla. 1987).
2
[2] Herrin v. State, 568 So. 2d 920 (Fla. 1990).