JENNIFER MARSHALL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Ned William Wilson III v. State, 306 So. 3d 1267 (Fla. 1st DCA 2020)
  …stances based on evidence presented. See id. Later that same year, persuaded by the reasoning in the Barnhill decision, the Fourth District receded from its decisions in Jorquera v. State, 868 So. 2d 1250 (Fla. 4th DCA 2004), and Marshall v. State, 978 So. 2d 279 (Fla. 4th DCA 2008). See Fogarty v. State, 158 So. 3d 669, 671 (Fla. 4th DCA 2014). In Fogarty, the Fourth District concluded that a defendant may appeal from an order denying a downward departure sentence, and it held that the appellate court must…
• Fogarty v. State, 158 So. 3d 669 (Fla. 4th DCA 2014)
  …ealable, 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 review of trial courts’ discretionary decisions to deny downward departure sentences. We hold that such determinations are appeal-able under the process enunciated in Banks v. State, 732 So. 2d 1065 (Fla.1999).…
• Stancliff v. State, 996 So. 2d 259 (Fla. 1st DCA 2008)
  …sentencing range. The courts of Florida have consistently held that the statutory scheme does not give the appellate courts the authority to review a trial court’s decision to deny a request for a downward departure sentence. See Marshall v. State, 978 So. 2d 279 (Fla. 4th DCA 2008) (explaining that the current statutory scheme does not give an appellate court the power to review a trial court’s discretionary decision to deny a downward departure); Gisi v. State, 948 So. 2d 816 (Fla. 2d DCA 2007) (“[A] decis…

Authorities Cited

• Sanchez v. State, 868 So. 2d 1250 (Fla. 4th DCA 2004)
• Jorquera v. State, 868 So. 2d 1250 (Fla. 4th DCA 2004)