Opinion
No. 97-1213
Opinion filed April 22, 1998.
An appeal from the Circuit Court of Clay County. Peter Dearing, Judge.
Nancy A. Daniels, Public Defender, and David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General, and Daniel A. David Assistant Attorney General, Tallahassee, for Appellee.
Appellant Watson pled guilty to two counts of burglary. A sentencing guideline scoresheet prepared for Watson scored him at 30.4 points, thus establishing a guidelines sanction of other than a state prison sentence. § 921.0014 (2), Fla. Stat. (1995). Nevertheless, the trial court noted two reasons for departure and sentenced appellant to twenty-four months in State prison. Although appellant now challenges the sentence, he neither objected to the departure, nor filed a motion under Rule 3.800 (b), Florida Rules of Criminal Procedure. The twenty-four month sentence is clearly not illegal. See Davis v. State, 661 So.2d 1193 (Fla. 1995). Accordingly, the issue has not been properly preserved for appeal by appellant's court-appointed counsel. See Middleton v. State, 689 So.2d 304 (Fla. 1st DCA 1997).
AFFIRMED.
MINER and ALLEN, JJ., Concur