State of Florida v. Tony Garcia

Summary

The court held that Garcia’s unpreserved claim concerning the sentencing court’s consideration of his misconduct while released on bond did not establish fundamental error. Although the sentencing court considered the evidence in deciding whether to grant a downward departure, the record did not show reliance on an arrest or charge supported only by probable cause, and the sentence fell within the permissible statutory range. The court therefore quashed the district court’s decision insofar as it required resentencing.