Home/District Court of Appeal of Florida/Dimonda v. State

Dimonda v. State

23 So. 3d 1254, 2009 Fla. App. LEXIS 20019, 2009 WL 4927862
CourtDistrict Court of Appeal of Florida
DecidedDecember 23, 2009
DocketNo. 4D08-164
StatusPublished

This text of 23 So. 3d 1254 (Dimonda v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dimonda v. State, 23 So. 3d 1254, 2009 Fla. App. LEXIS 20019, 2009 WL 4927862 (Fla. Ct. App. 2009).

Opinion

PER CURIAM.

Nicholas Dimonda appeals the twenty-five year sentence imposed following the revocation of his probation, claiming the trial court misconceived the law in declining to impose a downward departure sentence. The trial judge’s comments during the sentence hearing showed that he was aware of his authority to depart but simply exercised his discretion in declining to do so. Accordingly, we dismiss the appeal as we are without jurisdiction to consider a challenge that the trial court abused its discretion in declining to enter a downward departure sentence. Hochhauser v. State, 785 So.2d 1239 (Fla. 4th DCA 2001); [1255]*1255see also Marshall v. State, 978 So.2d 279 (Fla. 4th DCA 2008).

Dismissed.

WARNER, FARMER and LEVINE, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Marshall v. State
978 So. 2d 279 (District Court of Appeal of Florida, 2008)
Hochhauser v. State
785 So. 2d 1239 (District Court of Appeal of Florida, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
23 So. 3d 1254, 2009 Fla. App. LEXIS 20019, 2009 WL 4927862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dimonda-v-state-fladistctapp-2009.