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Marshall v. State

District Court of Appeal of Florida, Fourth District
Apr 16, 2008
978 So. 2d 279 (Fla. Dist. Ct. App. 2008)

Summary

explaining that the current statutory scheme does not give an appellate court the power to review a trial court's discretionary decision to deny a downward departure

Summary of this case from Stancliff v. State

Opinion

No. 4D07-1344.

April 16, 2008.

Appeal from the Circuit Court, Seventeenth Judicial Circuit, Broward County, Andrew L. Siegel, J.

Alvin E. Entin of Entin Delia Fera, P.A., Fort Lauderdale, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.


We dismiss Marshall's appeal, as her sole claim of error is the denial of a downward departure sentence by the trial court. As we noted in Jorquera v. State, 868 So.2d 1250, 1253 (Fla. 4th DCA 2004), "The current statutory scheme does not give this court the power to review a trial court's discretionary decision to deny a downward departure." See § 924.06(1), Fla. Stat. (2008).

Dismissed.

STONE, WARNER and FARMER, JJ., concur.


Summaries of

Marshall v. State

District Court of Appeal of Florida, Fourth District
Apr 16, 2008
978 So. 2d 279 (Fla. Dist. Ct. App. 2008)

explaining that the current statutory scheme does not give an appellate court the power to review a trial court's discretionary decision to deny a downward departure

Summary of this case from Stancliff v. State
Case details for

Marshall v. State

Case Details

Full title:Jennifer MARSHALL, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 16, 2008

Citations

978 So. 2d 279 (Fla. Dist. Ct. App. 2008)

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