JORGE ALBERTO RUBIO,
v.
THE STATE OF FLORIDA,
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Appellate courts lack authority to consider or review a trial court's failure to downward depart from a mandatory minimum sentence.
[1] Appellate courts lack authority to review or consider a trial court's failure to impose a downward departure from a mandatory minimum sentence.
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Join FLexlaw to unlock all legal intelligence“We lack even the authority to consider the trial court's failure to downward depart”
Court's statement of precedent from Wyden v. State, 958 So. 2d 540, 540 (Fla. 3d DCA 2007)
Jorge Alberto Rubio appealed a sentencing decision from the Circuit Court for Monroe County. The appeal challenged the trial court's failure to impose…
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Third District Court of Appeal State of Florida
Opinion filed April 28, 2021. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D20-534 Lower Tribunal No. 18-21-BP ________________
Jorge Alberto Rubio, Appellant,
vs.
The State of Florida, Appellee.
An Appeal from the Circuit Court for Monroe County, Luis Garcia, Judge.
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.
2
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.