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553 So. 2d 707

553 So.2d 707

14 Fla.L.Weekly 2572

Mauney v. State

District Court of Appeal of Florida

Decided November 8, 1989

District Court of Appeal of Florida · decided 1989-11-08

Cited by 4 later decisions — most recently July 1998

4 state decisions

Key passage — most relied on by later courts

“where only `a short period of time' ha[d] transpired between the crime at issue and release from incarceration for some other transgression.”

quoted by 1 later decision, including 564 So. 2d 616 - Barfield v. State

Relies on 365 So. 2d 701 - Castor v. State · 487 So. 2d 1045 - State v. Whitfield · 504 So. 2d 392 - Williams v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-11-08

View the full empirical analysis of this case →

LETTS, Judge.

¶1When sentencing the defendant, the trial court departed upward from the recommended guideline range. The scoresheet included the written words “recent release from prison.” This notation was apparently the only reason for the departure and was based on an oral representation to that effect by the assistant state attorney. No objection was made. We affirm.

¶2There are several cases standing for the proposition that departure is justified where only “a short period of time” has transpired between the crime at issue arid release from incarceration for some other transgression. Lee v. State, 537 So.2d 704 (Fla. 1st DCA 1989); see also Williams v. State, 484 So.2d 71 (Fla. 1st DCA 1986), affirmed, 504 So.2d 392 (Fla.1987). It is true that in Lovett v. State, 536 So.2d 1087 (Fla. 4th DCA 1988), we found hearsay testimony, as to a prior record, insufficient. However, in Lovett, the defense “strongly objected” to the hearsay testimony at sentencing. In the ease at bar, no objection was made, and because this involved the existence of a factual question, there should have been a contemporaneous objection. State v. Whitfield, 487 So.2d 1045, 1046, n. 2 (Fla.1986); Castor v. State, 365 So.2d 701 (Fla.1978).

¶3*708We find no merit to the remaining point on appeal.

¶4AFFIRMED.

GARRETT and WARNER, JJ„ concur.
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