State of Florida v. Adrea Vernique Wiley

In State v. Wiley, 179 So.3d 481 (Fla. 1st DCA 2015), the First District Court of Appeal certified conflict with State v. Ayere, 901 So.2d 942 (Fla. 2d DCA 2005), regarding whether the State must object to a downward departure sentence after it is imposed to preserve the issue for appellate review where the State had argued in opposition immediately before the sentence was imposed and during the same sentencing hearing. 1 For the reasons explained below, we hold that apprising the trial court of the State’s opposition during the same proceeding is sufficient to preserve the issue as to the…