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State v. Baccari

District Court of Appeal of Florida, Fourth District
Apr 7, 1999
730 So. 2d 806 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-1734

Opinion filed April 7, 1999 JANUARY TERM 1999

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Harold Cohen, Judge; L.T. Case No. 97-12260 CFA02.

Robert A. Butterworth, Attorney General, Tallahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for appellant.

Richard Jorandby, Public Defender, and Karen E. Ehrlich, Assistant Public Defender, West Palm Beach, for appellee.


The state appeals a departure sentence, arguing that the reasons given by the trial court are not valid grounds for departure. At the sentencing hearing a number of reasons for departure were discussed, and the state argued that some of them were either no longer valid or were not valid under the facts of this case. The court then pronounced the sentence and listed four written reasons for departure on the scoresheet. We affirm without reaching the issue of whether the reasons were valid, because we find that the state failed to object to at least two of the four reasons contained on the scoresheet. The alleged error may not, therefore, be raised on appeal. Fla.R.App.P. 9.140(d). State v. Henriquez, 717 So.2d 1087 (Fla. 3d DCA 1998) and cases cited.

Affirmed.

POLEN, KLEIN and SHAHOOD, JJ., concur.


Summaries of

State v. Baccari

District Court of Appeal of Florida, Fourth District
Apr 7, 1999
730 So. 2d 806 (Fla. Dist. Ct. App. 1999)
Case details for

State v. Baccari

Case Details

Full title:STATE OF FLORIDA, Appellant, v. LOUIS S. BACCARI, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 7, 1999

Citations

730 So. 2d 806 (Fla. Dist. Ct. App. 1999)

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