02-2755 STATE V. PAULK

State: Florida

Court: Florida Third District Court

Docket No: 02-2755 STATE V. PAULK

Case Date: 04/02/2003

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2003

THE STATE OF FLORIDA, Appellant, vs. MICHAEL PAULK, Appellee.

** ** ** ** ** CASE NO. 3D02-2755

LOWER TRIBUNAL NO.

02-16280

Opinion filed April 2, 2003. An Appeal from the Circuit Court for Dade County, Dennis J. Murphy, Judge. Charles J. Crist, Jr., Attorney General, and Andrea D. England, Assistant Attorney General, for appellant. Bennett H. Brummer, Public Defender, and Billie Jan Goldstein, Assistant Public Defender, for appellee. Before GERSTEN, GODERICH, and RAMIREZ, JJ. RAMIREZ, J. The State of Florida appeals from a downward departure sentencing order. remand. For the following reasons, we reverse and

Appellee Michael Paulk was charged with the sale of cocaine, in violation of section 893.13(1)(a)1, Florida Statutes (2002). Over the State's objection, the trial court offered Paulk a plea of 364 days in a drug treatment program ("TASC") with early termination upon completion of TASC, followed by 18 months probation. The sentencing scoresheet reflects that the lowest The trial court

permissible prison sentence was 55.65 months.

did not clearly state any reason for the departure, but did ask Paulk if he had a substance abuse problem for which he wanted help. Paulk's substance abuse or addiction "does not, under any circumstances, justify a downward departure from the sentence recommended under the sentencing guidelines." 921.0016(5) (2002). (Fla. 3d DCA 1999). Paulk argues that the State did not properly preserve the issue for appeal. The following exchange took place immediately Fla. Stat.

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