ENRIQUE SANCHEZ, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Ned William Wilson III v. State, 306 So. 3d 1267 (Fla. 1st DCA 2020)
  …e. See Patterson v. State, 796 So. 2d 572, 574 (Fla. 2d DCA 2001) (“The current statutory scheme does not give this court the power to review on direct appeal a trial court’s discretionary decision to deny a downward departure.”); 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.”). The holdings in those cases acknowledged that section 924.06 authorizes a d…

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• Atilla Eagleman, M.D. & Atilla Eagleman, M.D., P.A. v. Korzeniowski, 924 So. 2d 855 (Fla. 4th DCA 2006)
  …cause they were not preserved for appellate review. For an issue to be preserved by a defendant in a case involving co-defendants, that defendant must object or that defendant must join in the objection of the other defendant. See Jorquera v. State, 868 So. 2d 1250, 1252 (Fla. 4th DCA 2004); see also So. Puerto Rico Sugar Co. v. Tem-Cole, Inc., 403 So. 2d 494, 495 (Fla. 4th DCA 1981)(“Our analysis impels us to hold that appellant is subject to the general rule which precludes a party from complaining on appeal…
• Fogarty v. State, 158 So. 3d 669 (Fla. 4th DCA 2014)
  …garty filed his own brief contesting the denial of the downward departure, claiming that it was based upon “erroneous facts and incompetent evidence.” The state’s answer brief contended that the claim was not appealable, citing to Jorquera v. State, 868 So. 2d 1250 (Fla. 4th DCA 2004). We affirm, finding that no issues of arguable merit exist, but we issue this opinion for the limited purpose of receding from our decisions in Jorquera and Marshall v. State, 978 So. 2d 279 (Fla. 4th DCA 2008), where we declined…

Authorities Cited

• Hall v. State, 823 So. 2d 757 (Fla. 2002)