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THE STATE OF FLORIDA, APPELLANT, v. JORGE L. VALDES, APPELLEE.

PER CURIAM.

Because the State failed to make a contemporaneous objection on the basis that the evidence presented at the sentencing hearing was insufficient under the Barbera-Herrin rule, the State did not preserve the issue for appellate review. State v. Rodriguez, 673 So.2d 187 (Fla. 3d DCA 1996). Accordingly, the downward departure sentence imposed by the trial court is affirmed.

Barbera v. State, 505 So.2d 413 (Fla. 1987).

Herrin v. State, 568 So.2d 920 (Fla. 1990).

Affirmed.

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STATE v. VALDES
(Jul 31, 1996)