Watson v. State

Florida District Courts of Appeal
Watson v. State, 710 So. 2d 654 (1998)
1998 Fla. App. LEXIS 4272; 1998 WL 187415
Allen, Kahn, Miner

Watson v. State

Opinion of the Court

KAHN, Judge.

Appellant Watson pled guilty to two counts of burglary. A sentencing guideline score-sheet 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.

Reference

Full Case Name
Jason Marvin WATSON v. STATE of Florida
Cited By
2 cases
Status
Published