SOPHINA WEBB
v.
STATE OF FLORIDA

Fla. 1st DCA | 2026-04-22
No. 2025-2457
Marsh, J., Bilbrey, J., Kelsey, J., M.K. Thomas, J.
2026 FL 4586 Florida District Court of Appeal, First District (2026)

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Holding

A trial court's decision to impose a departure sentence is a judgment call within the sound discretion of the court and will be sustained on review absent an abuse of discretion.


Headnotes

[1] A trial court's imposition of a departure sentence is a discretionary judgment that will be sustained on appeal absent an abuse of discretion.

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Key Quotes

“whether a trial court should impose a departure sentence 'is a judgment call within the sound discretion of the court and will be sustained on review absent an abuse of discretion'”

The court cited Banks v. State, 732 So. 2d 1065, 1068 (Fla. 1999) for the standard of review applicable to departure sentences.

Facts & Procedural History

Sophina Webb was convicted and sentenced by the trial court. Webb appealed the sentencing decision to the District Court of Appeal.…

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Opinion of the Court

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

SOPHINA WEBB, Appellant,

V.

STATE OF FLORIDA, Appellee.

No. 1D2025-2457

On appeal from the Circuit Court for Leon County.

J. Lee Marsh, Judge.

April 22, 2026

PER CURIAM.

AFFIRMED. See Banks v. State, 732 So. 2d 1065, 1068 (Fla. 1999) (holding that whether a trial court should impose a departure sentence “is a judgment call within the sound discretion of the court and will be sustained on review absent an abuse of discretion").

BILBREY, KELSEY, and M.K. THOMAS, JJ., concur.


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