Poole v. State

Full title: Charles Poole, Appellant, v. State of Florida, Appellee.

Court: Florida Court of Appeals, First District

Date published: May 10, 2023

360 So. 3d 470 (Fla. Dist. Ct. App. 2023)

Opinion

No. 1D21-2844.

05-10-2023

Charles POOLE, Appellant, v. STATE of Florida, Appellee.

Jessica J. Yeary , Public Defender, and Lori A. Willner , Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody , Attorney General, and Heather Flanagan Ross , Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

Jessica J. Yeary , Public Defender, and Lori A. Willner , Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody , Attorney General, and Heather Flanagan Ross , Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

DISMISSED. See Wilson v. State, 306 So.3d 1267, 1273 (Fla. 1st DCA 2020) (holding that appellate review of the trial court's denial of downward departure from a mandatory minimum sentence is only appropriate when the trial court "misapprehends its discretion to depart or refuses to exercise that discretion as a matter of policy").

Ray, Osterhaus, and Nordby, JJ., concur.