Florida District Courts of Appeal, 1999

State v. Wichy

State v. Wichy
Florida District Courts of Appeal · Decided October 27, 1999 · Nesbitt, Schwartz, Sorondo
744 So. 2d 551; 1999 Fla. App. LEXIS 14164; 1999 WL 973554 (Southern Reporter, Second Series)

State v. Wichy

Opinion of the Court

PER CURIAM.

Affirmed. See Castor v. State, 365 So.2d 701 (Fla. 1978); State v. Henriquez, 717 So.2d 1087 (Fla. 3d DCA 1998); Evans v. State, 619 So.2d 520 (Fla. 1st DCA 1993).

NESBITT, and SORONDO, JJ., concur.

Concurring Opinion

SCHWARTZ, Chief Judge

(specially concurring).

While the downward departure involved in this case was supported by no written reasons at all, and the ground orally announced at sentencing was utterly insufficient, I concur in affirmance only because fundamental error was not involved and the state did not raise and preserve its contentions in the trial court as required by the Criminal Appeal Reform Act of 1996. See §§ 924.051(l)(b), (2), Fla. Stat. (1997); Jordan v. State, 728 So.2d 748 (Fla. 3d DCA 1998), review granted, 735 So.2d 1285 (Fla. 1999); Weiss v. State, 720 So.2d 1113 (Fla. 3d DCA 1998), review granted, 729 So.2d 396 (Fla. 1999).

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