Rubio v. State

Full title: Jorge Alberto Rubio, Appellant, v. The State of Florida, Appellee.

Court: Third District Court of Appeal State of Florida

Date published: Apr 28, 2021

317 So. 3d 1249 (Fla. Dist. Ct. App. 2021)

Opinion

No. 3D20-534

04-28-2021

Jorge Alberto RUBIO, Appellant, v. The STATE of Florida, Appellee.

Eugene F. Zenobi, Criminal Conflict and Civil Regional Counsel, Third Region, and Kristen Kawass, Assistant Regional Counsel, for appellant. Ashley Moody, Attorney General, and Ivy R. Ginsberg, Assistant Attorney General, for appellee.

PER CURIAM.

Eugene F. Zenobi, Criminal Conflict and Civil Regional Counsel, Third Region, and Kristen Kawass, Assistant Regional Counsel, for appellant.

Ashley Moody, Attorney General, and Ivy R. Ginsberg, Assistant Attorney General, for appellee.

Before LOGUE, GORDO, and LOBREE, JJ.

PER CURIAM.

We affirm based upon this Court's precedent in Wyden v. State, 958 So. 2d 540, 540 (Fla. 3d DCA 2007) (holding "[w]e lack even the authority to consider the trial court's failure to downward depart"). In so affirming, however, we acknowledge that the Supreme Court recently accepted conflict jurisdiction to resolve a dispute between the district courts on this point. Wilson v. State, No. SC20-1870 (Fla. Mar. 26, 2021).

Affirmed.