Nichol Phelps v. State

Nichol Marie Phelps (defendant) timely appeals her, convictions and sentences, challenging the trial court’s denial of her motion to interview an alternate juror. Determining that the motion raised sufficient allegations to require a juror interview, we reverse that ruling. The State cross-appeals, challenging the defendant’s downward departure sentences. Because the State failed to preserve this issue for appeal, we affirm the sentences without further discussion. See State v. Hamner, 816 So.2d 810, 812 (Fla. 5th DCA 2002) (“Because the state failed to timely object to the departure sentence…