State v. Deluce

Full title: STATE OF FLORIDA, Appellant, v. JOHN DELUCE, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: May 9, 2001

792 So. 2d 501 (Fla. Dist. Ct. App. 2001)

Opinion

No. 4D00-2272.

Opinion filed May 9, 2001.

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Edward A. Garrison, Judge; L.T. Case No. 99-13767 CFA02.

Robert A. Butterworth, Attorney General, Tallahassee, and Kristine Keaton, Assistant Attorney General, Fort Lauderdale, for appellant.

Craig A. Boudreau, West Palm Beach, for appellee.

PER CURIAM.

We affirm the downward departure sentence imposed in this case, because the state waived appellate review of the sentence by failing to object to a downward departure at the time of sentencing. Further, the state failed to carry its burden on appeal to show that each of the reasons given for departure was invalid. See State v. Clark, 770 So.2d 237 (Fla. 4th DCA 2000), review granted, No. SC00-2441 (Fla. Apr. 6, 2001).

AFFIRMED.

POLEN, TAYLOR, JJ., and DAMOORGIAN, DORIAN K., Associate Judge, Concur.