Thayer v. State

Full title: Storm Royal Thayer, Appellant, v. State of Florida, Appellee.

Court: Florida Court of Appeals, First District

Date published: Sep 25, 2024

No. 1D2023-0342 (Fla. Dist. Ct. App. Sep. 25, 2024)

Opinion

1D2023-0342

09-25-2024

Storm Royal Thayer, Appellant, v. State of Florida, Appellee.

Jessica J. Yeary, Public Defender, and Megan Lynne Long, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Damaris Esperanza Reynolds, 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 Walton County. Kelvin C. Wells, Judge.

Jessica J. Yeary, Public Defender, and Megan Lynne Long, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Damaris Esperanza Reynolds, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Storm Royal Thayer appeals his life sentence for second-degree murder, raising two issues. As to his challenge to the sentencing court's refusal to impose a departure sentence, we dismiss this portion of his appeal for lack of jurisdiction. See Wilson v. State, 306 So.3d 1267, 1273 (Fla. 1st DCA 2020) (holding that appellate review of the trial court's denial of a downward departure sentence is only appropriate when the trial court "misapprehends its discretion to depart or refuses to exercise that discretion as a matter of policy"), rev. granted, No. SC20-1870, 2021 WL 1157838 (Fla. Mar. 26, 2021), and Parrish v. State, 349 So.3d 485 (Fla. 1st DCA 2022), rev. granted, No. SC-2022-1457, 2023 WL 5223320 (Fla. Aug. 15, 2023). We otherwise affirm without further comment.

DISMISSED in part; AFFIRMED in part.

LEWIS, ROBERTS, and RAY, JJ., concur.