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STATE OF FLORIDA, Appellant, v. MATTHEW T. BOES, Appellee.

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2011 STATE OF FLORIDA, Appellant, v. MATTHEW T. BOES, Appellee. No. 4D09-4694 [January 26, 2011] PER CURIAM. The state appeals a sentence on the ground that the court erred in entering a downward departure where the evidence did not support it. We affirm. The state did not object to the trial court?s downward departure on the ground that the trial court?s ruling was not supported by competent substantial evidence. ?For an issue to be preserved for appeal, it must be presented to the lower court, and the specific legal argument or ground to b e argued on appeal must be part of that presentation.?Doorbal v. State, 983 So. 2d 464, 492 (Fla. 2008). The state?s arguments in this appeal concerning the sufficiency of the evidence are being raised for the first time on appeal and therefore were not preserved for appellate review...continue to full post

Full post as published by Florida Criminal Law Opinions on January 26, 2011 (boomark / email).