Florida District Courts of Appeal, 1998

Watson v. State

Florida District Courts of Appeal · Decided April 22, 1998 · Allen, Kahn, Miner

710 So. 2d 654; 1998 Fla. App. LEXIS 4272; 1998 WL 187415 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Nobles v. State (Fla. Dist. Ct. App. 1999)
O'Donovan v. Citibank (Fla. Dist. Ct. App. 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

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