STATE v. COLBERT

No. 5D07-122.

968 So.2d 1043 (2007)

STATE of Florida, Appellant, v. Michael Anthony COLBERT, Appellee.

District Court of Appeal of Florida, Fifth District.

November 30, 2007.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Brigid E. Collins, Assistant Attorney General, Daytona Beach, for Appellant.

James S. Purdy, Public Defender, and Henry T. Swann, III, Assistant Public Defender, Daytona Beach, for Appellee.


LAWSON, J.

The State appeals from Michael Anthony Colbert's downward departure sentence pursuant to section 943.0435, Florida Statutes (2006). Finding that the State failed to preserve the issue it now raises for appellate review, we affirm.

Section 924.051(3), Florida Statutes (2006), provides that a "judgment or sentence may be reversed on appeal only when an appellate court determines after review of the complete record that prejudicial error occurred and...

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