IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF
STATE OF
Appellant,
Appeal No. CRC 04-00002 APANO
v. UCN522004AP00002XXXXCR
MELISSA SIMMONS
Appellee.
________________________/
Opinion filed ____________.
Appeal from a sentence
entered by the Pinellas County Court
County Judge Sonny Im
Eric Herrmann, Esq.
Assistant State Attorney
Frank Winstead, Esq.
Attorney for appellee
(J. Demers)
THIS MATTER is before the Court on the State’s appeal from a sentence entered by the Pinellas County Court. After reviewing the briefs and record, this Court affirms the sentence.
The State claims that the sentence is illegal because the trial court withheld adjudication of guilt without imposing probation as required by Fla.R.Crim.P. 3.670.
This Court, however, need not reach the merits of the claim. The record reveals that the State failed to properly preserve this issue for appellate review.
Nothing whatsoever was mentioned about the failure to impose probation. All the State did was enter a vague objection to the sentence. Specifically, the State said “the State would object to a withhold and to invest costs of that amount.” R. 31. The State then suggested a sentence. Later after the court announced its sentence, the State said: “the State would object to that on the record.” R. 33. This did not put the trial court or the defense counsel on notice that there was anything technically improper about the sentence. It could have been that the State believed the sentence was just too lenient or that it believed the amount of costs was too low. It did not inform the trial court if the objection was to the withhold of adjudication by itself, or to the withhold without probation. The State’s objection never even mentioned the word “probation.”
“An issue is preserved for appeal if the attorney’s
articulated concern is sufficiently specific to inform the court of the alleged
error.” State v. Paulk, 813 So.2d 152 (
IT IS THEREFORE ORDERED that the sentence is affirmed.
DONE
AND ORDERED in Chambers at
_________________________
David A. Demers
Circuit Judge
_________________________
Robert J. Morris, Jr.
Circuit Judge
_________________________
Irene S. Sullivan
Circuit Judge
cc: State Attorney
Frank Winstead, Esq.
Judge Im