Manuel v. State

Full title: Darnel Duran Manuel, Appellant, v. State of Florida, Appellee.

Court: Florida Court of Appeals, First District

Date published: Jun 22, 2022

No. 1D21-1315 (Fla. Dist. Ct. App. Jun. 22, 2022)

Opinion

1D21-1315

06-22-2022

Darnel Duran Manuel, Appellant, v. State of Florida, Appellee.

Jessica J. Yeary, Public Defender, and Justin F. Karpf, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Darcy O. Townsend, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

On appeal from the Circuit Court for Suwannee County. David W. Fina, Judge.

Jessica J. Yeary, Public Defender, and Justin F. Karpf, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Darcy O. Townsend, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

We affirm, without comment, Appellant's judgment and ten-year prison sentence after the court found Appellant committed two new law violations and revoked his probation.

We also affirm the court's denial of a downward departure. This Court will not reverse a trial court's decision not to depart downwardly, where there is no argument that the trial court misconstrued its discretion to depart, or had a blanket policy of refusing to exercise its discretion to depart. See Wilson v. State, 306 So.3d 1267, 1271-73 (Fla. 1st DCA 2020), review granted, SC20-1870, 2021 WL 1157838 (Fla. Mar. 26, 2021); see also Clark v. State, 315 So.3d 776, 780-81 (Fla. 1st DCA 2021), review granted, SC21-824, 2021 WL 6014963 (Fla. Dec. 21, 2021).

Affirmed.

Rowe, C.J., and Roberts and Kelsey, JJ., concur.