State v. Valdes

Full title: THE STATE OF FLORIDA, APPELLANT, v. JORGE L. VALDES, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jul 31, 1996

677 So. 2d 107 (Fla. Dist. Ct. App. 1996)

Opinion

No. 96-162.

July 31, 1996.

An Appeal from the Circuit Court of Dade County, Robert N. Scola, Jr., Judge.

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.

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

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

Affirmed.