State of Florida v. Yolanda Denise Harvey

FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D18-1606
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STATE OF FLORIDA,
Appellant,
v.
YOLANDA DENISE HARVEY,
Appellee.
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On appeal from the Circuit Court for Escambia County.
W. Joel Boles, Judge.
June 28, 2019
PER CURIAM.
The State appeals the trial court’s imposition of a downward-
departure sentence for Appellee’s violation of community control,
which was her fourth violation of supervision following an
original sentence of probation. Although the trial court erred in
failing to make oral or written findings supporting the downward
departure as required by section 921.00265(2), Florida Statutes
(2017), we are constrained to affirm because the error was not
preserved—the State did not object. “The State must call the
court’s attention to the need for downward departure reasons
with a proper objection.” State v. Green, 12 So. 3d 796, 797 (Fla.
3d DCA 2009); see also State v. Colbert, 968 So. 2d 1043, 1045
(Fla. 5th DCA 2007) (finding general objection insufficient); State
v. Dort, 929 So. 2d 1190, 1191 (Fla. 4th DCA 2006) (finding no
preservation, and affirming, where State did not object to
downward departure sentence); State v. Jackson, 789 So. 2d 512,
513 (Fla. 1st DCA 2001) (affirming for lack of preservation
although trial court failed to give oral or written grounds for
downward departure).
AFFIRMED.
ROWE, BILBREY, and KELSEY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Ashley Moody, Attorney General, and Heather Flanagan Ross,
Assistant Attorney General, Tallahassee; Yaritza Flores-Collazo,
Assistant State Attorney, Office of the State Attorney, Pensacola,
for Appellant.
Andy Thomas, Public Defender, and Steven L. Seliger, Assistant
Public Defender, Tallahassee, for Appellee.
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