STATE v. BOES

No. 4D09-4694.

50 So.3d 1240 (2011)

STATE of Florida, Appellant, v. Matthew T. BOES, Appellee.

District Court of Appeal of Florida, Fourth District.

January 26, 2011.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Myra J. Fried , Assistant Attorney General, West Palm Beach, for appellee.

Carey Haughwout , Public Defender, and Emily Ross-Booker , Assistant Public Defender, West Palm Beach, for appellant.


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 be argued on appeal...

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