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. StateOpinion
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.