DARNEL DURAN MANUEL
v.
STATE OF FLORIDA

Fla. 1st DCA | 2022-06-22
No. 21-1315
Florida District Court of Appeal, First District (2022) Positive Treatment
Cited by 2 cases
Topics
Downward Departure From Sentencing Guidelines Probation Revocation Abuse Of Discretion (Standard Of Review) Abuse Of Discretion

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Opinion of the Court
Affirmed. Rowe

PER CURIAM.

We affirm, without comment, Appellant’s judgment and ten-year prison sentence after the court found Appellant committed two new law violations and revoked his probation. We also affirm the court’s denial of a downward departure. This Court will not reverse a trial court’s decision not to depart downwardly, where there is no argument that the trial court misconstrued its discretion to depart, or had a blanket policy of refusing to exercise its discretion to depart. See Wilson v. State, 306 So. 3d 1267, 1271-73 (Fla. 1st DCA 2020), review granted, SC20-1870, 2021 WL 1157838 (Fla. Mar. 26, 2021); see also Clark

v. State, 315 So. 3d 776, 780-81 (Fla. 1st DCA 2021), review granted, SC21-824, 2021 WL 6014963 (Fla. Dec. 21, 2021). AFFIRMED.

ROWE, C.J., and ROBERTS and KELSEY, JJ., concur. _____________________________

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Citator

Cited By

  • Avitt v. State, 315 So. 3d 776 (Fla. 1st DCA 2022)
    …PER CURIAM. DISMISSED. Clark v. State, 315 So. 3d 776, 781 (Fla. 1st DCA 2021), review granted, SC21-824, 2021 WL 6014963 (Fla. Dec. 21, 2021). LEWIS, B.L. THOMAS, and RAY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Jessica J. Yeary,…

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